Texas Cannabis Laws

 Is cannabis legal in Texas?

Texas has a medical cannabis program, called the Texas Compassionate Use Program (CUP). Non-medical use of cannabis is illegal in Texas.

What are the medical marijuana laws in Texas?

Texas (TX) Medical Cannabis Laws

2015

Texas Compassionate Use Act

Medical use is allowed only in the form of low-THC cannabis oil, less than 0.5% THC with a doctor’s approval and less than 0.3% THC without.

Chapter 169 allows qualified physicians to prescribe low-THC cannabis to certain patients with incurable neurodegenerative diseases. In this chapter, “low-THC cannabis” is defined as a cannabis plant or derivative that contains less than .5% of tetrahydrocannabinols by weight.

The Texas Department of Public Safety operates CURT, the Compassionate-Use Registry of Texas.

2019

THC maximum is increased to less than 1% for medical marijuana patients. Only non-smokable preparations are allowed.

2020

THC-only tinctures and edibles become available to purchase by qualifying medical cannabis patients who are residents of Texas.

Texas (TX) Recreational Cannabis Laws

Recreational cannabis is illegal in Texas, and it is likely to stay that way in the near future. Texas still has some rather punitive cannabis laws, and its medical program is quite restrictive compared to many other states. However, as the nation moves towards legalization, the possibility of Texas being the lone star state regarding this issue looks less likely.

Some counties/municipalities have effectively decriminalized cannabis, developing cite-and-release resolutions if not decriminalizing outright. Counties/municipalities include:

• El Paso
• Austin
• Harris County
• Dallas
• Bexar County
• Travis County
• Plano

What medical conditions qualify for a Medical Marijuana Card in Texas?

The Texas law lists the following medical conditions as qualifiers for a medical cannabis card:

• A seizure disorder (e.g. Epilepsy)
• Amyotrophic Lateral Sclerosis (ALS) aka Lou Gehrig’s Disease
• An incurable neurodegenerative disease
• Autism
• Cancer
• Multiple Sclerosis (MS)
• Post-Traumatic Stress Disorder (PTSD)
• Spasticity, such as that caused by conditions like Parkinson’s Disease

How do I get certified for medical cannabis in Texas?

With Leafwell, you can get registered for medical cannabis in Texas in 4 simple steps:

1. Register online with Leafwell – You can speak to a doctor and qualify for a Texas medical marijuana card online and complete your payment details. You are only billed if approved. You will need to upload some medical records to support your qualifying condition.
2. Attend your appointment and discuss with your physician why you would like an MMJ Card – The doctor will ask you questions based on your medical history and provide you with advice and guidance on whether medical marijuana is a good choice for you.
3. Our Physician will add you to CURT – After your call, our physician will complete some administrative tasks to add you to the Compassionate Use Registry (CUP) in Texas, aka CURT.
4. Buy medical, CBD-rich marijuana – Once your details are entered by our physician, your details will be validated by the state and you will be able to fulfill your prescription using your preferred dispensary. There is no physical card in Texas so you won’t need to wait for anything to be posted or emailed to you by Leafwell.

You must be aged 18 or over in order to get certified for medical marijuana in Texas. Those aged under 18 will need to have a caregiver listed on their application form to qualify. Caregivers must be aged 21 or over.

Texas does not currently have an official MMJ Caregiver program. However, minors (those aged under 18) can qualify for medical cannabis, and a parent or guardian must be listed on their initial application. Minors suffering from terminal or chronic conditions like cancer, epilepsy or any other long-term neurological condition that affects quality of life, and some kinds of autism may qualify a minor for an MMJ card.

Patients who need assistance obtaining or using medicinal cannabis may have their prescription filled and administered by a caregiver or legal guardian. Currently, only social workers and nurses are allowed to deliver marijuana products from dispensaries on behalf of a patient or their legal guardian.

There are no specific laws detailing the use of medical cannabis on schoold grounds. Like many othe rlegalized medical and recreational states, it is wise to keep medical cannabis use 1,000 feet away from a school or anywhere where children or vulnerable people may be (e.g. parks, hospitals).

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Is telemedicine allowed for medical cannabis consultations in Texas?

Yes, telemedicine is legal in Texas and you can get certified for cannabis online.

How much cannabis can I possess in Texas with an MMJ Card?

• For medical card holders = No defined limits – products must contain less than 0.5% THC and at least 10% CBD.
• For recreational users = Illegal

Is it legal to grow cannabis in Texas?

It is illegal to grow cannabis in Texas.

Does Texas accept out-of-state cards?

Texas does not recognize other states’ medical marijuana cards or certificates.

Will my Texas card be accepted in other states?

As Texas does not have a medical marijuana card system, it is unlikely that your registration to a system in Texas will be valid in another state.

Are there employment laws protecting medical cannabis card holders in Texas?

Employers still have the right to test their employees for drugs, including cannabis. Texas medical cannabis laws do not have any specific provisions protecting employees.

What are the medical cannabis product testing requirements in Texas?

Texas allows patients to access cannabis oils, tinctures and edibles, and has no regulations regarding testing of those products.

Texas does not yet have a state-owned, operated, or financed medical cannabis facility.

Where is it safe to purchase cannabis in Texas?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Texas?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.