Medical cannabis is legally available in Texas. Yes, you heard right! You can access medical marijuana in Texas without getting into trouble with the law — as long as you have a medical card, that is. The advances and discoveries made in the field of marijuana as a therapeutic substance have led to a loosening of formerly stringent laws. However, specific laws govern the cultivation, sale, and purchase of Texas medical marijuana.
We understand that you probably have loads of questions about MMJ in the Lone Star State. Can you cultivate your own cannabis? Where can you legally buy medical marijuana? Can you possess and distribute cannabis and own a gun at the same time? We are here to help you answer those questions.
What The Law in Texas Says About Medical Marijuana
According to the Texas Department of Public Safety, the state legalized the treatment of cannabis for epilepsy in 2015 when the 84th Texas Legislative Session enacted the Texas Compassionate Use Act. The program was expanded in 2019 by the 86th Texas Legislature to include additional medical conditions and physician specialties that require the prescription of low-THC cannabis.
Under this legislation, which has come to be known as the Compassionate Use Program (CUP), patients living with any of the following conditions can have access to medical marijuana:
- Seizure disorders
- Multiple sclerosis
- Amyotrophic lateral sclerosis
- Terminal cancer
- An incurable neurodegenerative disease.
To get a Texas medical cannabis card, patients have to satisfy one of the following requirements:
- The patient must be a permanent resident of Texas
- The patient has one of the medical conditions listed above
- A CUP registered physician prescribes
- That qualified physician decides the benefit outweighs the risk
There is no age limit for a prescription! Patients younger than 18 can get a prescription for Texas medical marijuana, but they may need a legal guardian. However, federal and state laws still classify marijuana as a controlled substance. Thus, you should only enjoy medical marijuana as prescribed.
The Texas Controlled Substances Act classifies tetrahydrocannabinol (THC) in penalty group 2 for criminal penalties. Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense.
Recreational Use and The Law
Recreational use of cannabis is still illegal under both state and federal law. Consequently, the possession and delivery of marijuana are criminal offenses, and the severity depends on the amount possessed or delivered.
Texas Medical Marijuana and Cultivation Laws
In March 2016, the Texas Department of Agriculture (TDA) opened an online permit application process. This allows licensed businesses to grow and cultivate industrial hemp legally in the state of Texas. Furthermore, the 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs.
In June 2019, Texas governor, Greg Abbott, signed House Bill 1325 into law. This law authorized the production and sale of hemp. Unfortunately, Texas still prohibits at-home cultivation — even for medical marijuana cardholders.
Texas Medical Cannabis Possession Guide
You can only obtain medical marijuana in Texas in the form of cannabis oil with a low THC content of less than 0.5% with a doctor’s approval. However, you can obtain products with less than 0.3% without consent due to federal legalities. If you’re looking for reputable Texas dispensaries, let us help you out.
Texas Medical Marijuana
The Texas Department of Agriculture does the licensing, production, and testing of medical marijuana in Texas.
The Department of State Health Service issued rules regarding the manufacture, distribution, and sale of consumable hemp that went into effect on August 2, 2020. State laws within this chapter ban smokable hemp, but these rules are temporarily blocked while a lawsuit challenging them is underway. The Texas Department of Agriculture lists rules and procedures for obtaining a permit to cultivate hemp.
According to the TDA, there are currently 21 registered hemp labs in Texas.
Guns and Texas Medical Marijuana
According to the Bureau of Alcohol, Tobacco Firearms and Explosives, marijuana is a controlled substance, and its consumers cannot legally own a gun. In addition, the United States Code Title 18 U.S.C. Section 922 (Subsection D) states that: “a person cannot transfer a gun to someone who is an unlawful user of or addicted to a controlled substance including marijuana.” Furthermore, in Subsection (g), the Federal law states that “… a person cannot be an unlawful user of or addicted to a controlled substance including marijuana and possess a gun.”
This means that federal law criminalizes ownership of a firearm by licensed medical marijuana users in Texas. Hence, It is illegal to:
- Sell, or transfer a gun to someone who is a legal (or illegal recreational user) of cannabis or another controlled substance.
- Apply for and acquire a license to carry and purchase a firearm.
While state law allows the production and consumption of medical marijuana, federal law still recognizes marijuana as a controlled substance and prohibits users of marijuana from owning a firearm. Texas has yet to make laws stating otherwise. For more in-depth information about Texas gun laws and MMJ, check out our blog post.
Getting Comfortable With Texas Medical Marijuana Regulations
Okay, we think that’s it! In general, Texas has one of the strictest medical marijuana programs in the country, so understanding its rules and regulations is crucial. Even though Texas medical marijuana may be a bit difficult to obtain, it’s more than worth it for peace of mind, safety, and legality. At the end of the day, Elevate Holistics is committed to providing you access to medical marijuana in partnership with qualified and licensed physicians. We believe that accessibility to cannabis should not be a barrier to health and wellness!
Unfortunately, Elevate Holistics isn’t currently servicing Texas MMJ patients. However, that doesn’t mean that won’t change in the future! For now, continue learning and mastering Texas medical marijuana laws, and we’ll be there soon enough to help you get your medical card 100% online, 100% hassle-free.