Texas Medical Marijuana Law

Texas has one of the most complicated stances on cannabis in the country. The Lone Star State has had a bit of a rocky history with the plant, and they’re not quite ready yet to embrace it the way other states have. Because of this, it’s crucial to follow — and understand — Texas marijuana laws so you know what’s legal and what’s not.

From cannabis legalization to product types and qualifying medical conditions for MMJ, we’re giving you everything you need to know about marijuana laws in Texas.

So, is marijuana legal in Texas? Let’s find out.

  • Is Medical Marijuana Legal in Texas?

    Technically, yes, medical marijuana is legal in Texas. However, it isn’t legal in the ways you may be used to.

    Back in 2015, Texas passed its Compassionate Use Act. The Act legalized cannabis for those with intractable epilepsy; however, the products cannot contain more than 0.5% THC, and they must have a 20-to-1 concentration of CBD to THC. So, you’re not going to find that high-THC flower you know and love on the shelf of a Texas dispensary.

    Since then, Texas has expanded the list of qualifying medical conditions past just those with epilepsy. They also removed the concentration ratio requirement. Still, today, only low-THC products are allowed according to Texas marijuana laws.

    Smoking low-THC products are also prohibited in Texas. Instead, patients only have access to products such as edibles, tinctures, topicals, and drinkables.

    To obtain low-THC products, you must meet with a physician who certifies that you have at least one of the state’s qualifying conditions. Then, the physician will register you with the Compassionate Use Registry of Texas (CURT). At that point, you’re ready to purchase low-THC products — Texas doesn’t require a state fee or even a physical medical card. 

  • Is Recreational Marijuana Legal in Texas? 

    No, recreational marijuana is not legal in texas. In fact, the Lone Star State has some incredibly strict laws regarding cannabis — specifically, cannabis flower.

    Cannabis flower is illegal for both recreational and medical use; however, non-patients will likely face harsher repercussions.

    Texas marijuana laws state that the possession of two ounces or less is a Class B misdemeanor resulting in 180 days in jail, a $2,000 first-time offense fine, and a suspended driver’s license.

  • Is It Legal to Grow Marijuanas in Texas?

    No, marijuana laws in Texas explicitly state that home cultivation is illegal. Again, smoking cannabis is not allowed in the state; thus, it is also prohibited to attempt to grow the plant at home. Only those who the state appoints are allowed to grow cannabis for the purpose of transforming it into other product forms.

    Charges for growing weed in Texas can be harsh, with penalties getting worse the more you grow. It’s best to avoid attempting this entirely. Breaking Texas marijuana laws is not a crime you want to commit.

  • Texas Marijuana Possession Law 

    As we stated, marijuana laws in Texas do not allow any person — patient or non-patient — to possess cannabis flower.

    Regarding possession of low-THC products, the patient’s physician will be the one to actually set their individual possession limit. They will state this in their prescription, so patients know exactly how much they’re allowed to buy and possess.

     

    Texas marijuana laws

     

    Possession limits will vary depending on the patient’s medical condition and its severity. 

  • What is the Compassionate Care Act Texas?

    The Compassionate Care Act Texas is the state bill that legalized low-THC products in the Lone Star State. This Act outlined the state’s MMJ program, its regulations, and what to expect from Texas marijuana laws.

    The Compassionate Use Program is who runs CURT; that is the program that a patient’s physician will register them through. All of the program’s legalities and complexities are outlined in the Compassionate Care Act Texas.

  • What Conditions Are Covered Under the Compassionate Use Program? 

    Texas marijuana laws state that a physician must diagnose a patient with at least one qualifying medical condition that medical cannabis may help. 

    When the state first enacted the Compassionate Care Act Texas, it only allowed those with severe forms of intractable epilepsy to consume low-THC products. However, today, the program has expanded quite a bit.

    Below are the following conditions that the Compassionate Care Act covers: 

  • Medical Marijuana License Rules

    Texas is one of the few states in the country that doesn’t require a physical medical card for their cannabis programs or dispensaries. Instead, as long as you’re a TX resident that a doctor has diagnosed with a qualifying medical condition, you can get added to the CURT.

    If you are under 18 years old, you’ll have to have a parent or legal guardian obtain your low-THC products for you. But, there is no age requirement in the state.

    Once your physician has added you to the CURT, you can visit a licensed medical marijuanas dispensary in Texas. Unfortunately, there aren’t a lot of marijuana dispensaries in Texas, but there are a few you can choose from.

    For a full list of Texas dispensaries, you can read our blog post: Find Dispensaries Near Me in Texas


    More Texas Patient Resources:

Take the first step towards wellness

Book an Appointment with Elevate Holistics today

View all available appointments  More  

Learn Step-by-Step Instructions on how to Get a MMJ Card

Learn More