The Status of Marijuana Laws & Legalization in Texas
Cannabis is illegal for medical and recreational purposes in Texas, the state of the United States, although low-THC CBD oil has been permitted for epilepsy therapy since 2015. Although SB 399, the Texas Compassionate Use Act, was signed by Governor Abbot in June 2015, application was slow and the law is one of the country’s most restrictive. This law enables access to low-THC cannabis for some patients. Cannabis products are regarded as low-THC if they contain at least 10 percent cannabidiol, but Δ9-tetrahydrocannabinol does not exceed 0.5 percent. Texas state law has expanded the conditions that qualify for the medical use of low-THC cannabis. The law prohibits dried flower smoking and home cultivation of cannabis limiting use to only products that can be swallowed.
To get a medical cannabis card in 2022, you must: (1) be a permanent resident of Texas, (2) be diagnosed with a qualifying medical condition from a licensed medical marijuana physician, (3) have medical marijuana prescriptions from two distinct qualified physicians to legally qualify for medical cannabis oil in Texas.
Contact with the patient is not essential for the secondary physician. The primary doctor may discuss the situation of the patient for authorization with a secondary doctor. There’s no limit on age. Patients are not required to register or pay a fee under the law. In the Compassionate Use Registry of Texas (CURT), however, patient data will be maintained. Patients must meet monthly with the neurologist who approved their cannabis therapy to obtain continuing access to tinctures of cannabis oil.
The Compassionate Use Act supplied for four dispensaries to be licensed. These are:
- Compassionate Cultivation
- Surterra Texas
- Fluent – Schulenburg
As of the beginning of 2021, there are 11 open dispensaries throughout Texas that can fill your cannabis prescription run by Knox, Compassionate Cultivation, Surterra and Fluent. Both cannabis and CBD oils are accessible through these retailers. Many patients were prescribed cannabis oil even under these narrow conditions and had it delivered to their homes. This is likely to be done by many more in the future. Patients can check the website of the State Department of Public Safety for an accredited doctor in Texas.
In April 2021, House Bill 1535 passed, allowing expansions to the medical marijuana program in Texas. This bill added new qualifying conditions for medical cannabis including post-traumatic stress disorder (PTSD) in veterans as well as chronic pain that would otherwise be treated with opioids. Additionally, the allowable THC content in medical cannabis products used to be set at 0.5% and is now being increased to a more potent 5% by no later than December 1, 2021.
With the passing of this bill, medical cannabis research will be allowed for some designated medical cannabis conditions under Texas law.
Qualifying Medical Conditions for Medical Marijuana in Texas
Under Texas State law, Compassionate Use Program is limited to Texas patients with the following conditions:
Becoming a Caregiver in Texas
There is no formal process to becoming a caregiver in Texas. Patients who need help from a caregiver or legal guardian to obtain or use medicinal cannabis may have their medical marijuana prescriptions filled and supplied. If a patient is under 18 years of age their caregiver/guardian can go into any of the licensed dispensaries in Texas and fill the physician’s prescription for medical cannabis. The caregiver/legal guardian will have to provide the following information:
- Drivers License/ID
- Patient’s Last Name
- Patient’s Date of Birth
- Last 5 digits of the patient’s social security number
Currently, on behalf of a patient or their legal guardian, only social workers and nurses are permitted to produce marijuana products.
Possession boundaries are set by doctors attending.
The legislation specifically prohibits smoking to ingest low-THC cannabis; therefore, possession of marijuana or marijuana with THC content above 0.5% is forbidden.
The Texas Compassionate Use Act prohibits the cultivation of marijuana for any purpose. Only controlled agencies are permitted to grow medical cannabis.
Frequently Asked Questions
There are currently no age restrictions for applying for compassionate medical cannabis use in Texas. A minor will need a legal guardian’s permission to apply if they are under 18.
No. You must be a Texas resident registered with the Compassionate User Registry and have a prescription from two physicians who are registered with the Texas program.
Smoking any cannabis in Texas is not permitted under the Texas Compassionate Use Program (TCUP).
No. You must visit one of the dispensaries run by the three licensed organizations dispensaries that are exclusively approved by the TCUP for purchasing cannabis. The Compassionate User Registry is state-maintained and will not allow you to purchase medical marijuana from another state.
No, you can only get your low-THC cannabis from a certified dispensing organization. The organizations include Fluent, Compassionate Cultivation, and Surterra Texas.
If you are not approved, Veriheal will refund you in full for your consultation.
Medical cannabis patients are limited to only a couple of options in Texas dispensaries, due to the restrictive nature of the medical cannabis program in Texas. Products for purchase include tinctures, lozenges, and gummies.