Texas cannabis law

Key points
Legal status
Medical Program
Possession limits
Medical patients Determined by medical practitioners
Recreational users Illegal
State taxes
Medical patients N/A
Recreational users Illegal Changes according to municipality
Cultivation
Cultivation is illegal
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Concise guide to Texas medical marijuana laws

Qualifying Conditions

  • Autism
  • Amyotrophic lateral sclerosis
  • Epilepsy
  • Incurable neurodegenerative disorders
  • Multiple sclerosis
  • Seizure disorders
  • Spasticity
  • Terminal cancer

Patient Possession Limits

“All parts of the plant and any resulting compounds, salts, resins, oils and derivatives that contain no more than 0.5 % by weight of THC are considered Low-THC. Medical use of these substances is limited to swallowing, not smoking, the prescribed dose of low-THC.”

Home Cultivation

No

State-licensed Dispensaries

Yes

Caregivers

No

Reciprocity

No

Contact Information

Apply for your medical cannabis card in Texas

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Detailed overview of Texas medical marijuana regulations

Possession limits for medical cannabis patients in Texas

In TX, specific possession limits for medical cannabis patients are not explicitly defined by the state. Instead, medical practitioners have the authority to determine the appropriate possession amounts based on individual patient needs. It’s important to note that state law places a cap on the total tetrahydrocannabinol (THC) content in any medical cannabis product, restricting it to 1% THC by weight. This limit was increased from the previous 0.5% threshold as specified in Section 169.001(3) of HB 1535 during the 87th Legislative Session, effective from September 2021.

Certified medical treatments in Texas utilize all parts of the Cannabis Sativa L plant and its resulting compounds, salts, resins, oils, and derivatives. However, it’s essential to understand that the medical use of these substances is limited to ingestion, not smoking. Patients are prescribed a specific dose of low-THC medical cannabis and are encouraged to store their medication in its original packaging as provided by licensed dispensaries to ensure responsible and legal use.

Cultivation and responsible use of medical cannabis in Texas

In the great state of Texas, registered medical patients are not permitted to cultivate marijuana plants for personal use within their homes. TX does not grant specific grower or cultivator licenses to individuals, and home cultivation is not legally authorized. The cultivation of marijuana is exclusively the purview of licensed dispensing organizations. To partake in marijuana cultivation in Texas, businesses must undergo a thorough registration process and obtain a dispensary organization license from the Texas Department of Public Safety. This meticulous process is in place to guarantee that all medical cannabis products adhere to the state’s rigorous quality and safety standards.

Furthermore, for medical marijuana patients in TX, it’s crucial to practice responsible use of low-THC cannabis products:

  1. Strict Adherence to Prescriptions: Patients should faithfully follow their physician’s prescription regarding the type and dosage of medical cannabis. Deviating from the prescribed usage can carry legal consequences.
  2. No Smoking: TX law specifies that medical cannabis should be ingested, not smoked. Patients are advised to use it in the forms recommended by their healthcare provider, such as oils, capsules, or tinctures.
  3. Secure Storage: Patients are encouraged to keep their medical cannabis in its original packaging as provided by licensed dispensaries. This not only helps maintain product integrity but also ensures safe and responsible use.

Caregiver responsibilities in Texas

In TX, registered patients have the option to designate a caregiver to support them in managing their medical cannabis treatment. This legal guardian is officially added to the patient’s account in the Compassionate Use Registry of Texas (CURT) by the certifying physician.

Here are some key aspects of the caregiver role in the Lone Star State:

Dispensary Pick-Up: Patients’ legal guardians have the privilege of picking up medical cannabis orders from a licensed dispensing organization. To facilitate this, physicians are required to record the names and last five digits of the Social Security Numbers (SSNs) of the legal guardians in the Compassionate Use Registry. When collecting the order, patients or their legal guardians must provide valid identification as proof.

Criminal Protections: Texas law extends protections against criminal prosecution to patients and their legal guardians. Specifically, Texas Health and Safety Code §481.111(e)(1) offers exemptions from state laws that prohibit marijuana possession. These exemptions apply to patients for whom low-THC cannabis is prescribed under a valid prescription and acquired from a licensed dispensing organization.

Eligibility Criteria:

To be eligible for the role of a caregiver in Texas, an individual must meet the following requirements:

– Be designated by a registered medical marijuana patient.

– Be officially added to the patient’s account in the Compassionate Use Registry by the certifying physician.

– Provide the necessary identification and follow the regulations set forth by the state of Texas regarding medical cannabis use and access.

Legal guardians can play a pivotal role in assisting patients on their medical cannabis journey in Texas, helping to ensure the responsible and effective management of their treatment plans.

Medical cannabis for veterans in Texas: key information and guidelines

Texas recognizes the potential benefits of medical cannabis for veterans managing various health conditions. Here’s a breakdown of the main information and rules for TX veterans seeking medical cannabis as an alternative treatment:

  1. Adherence to State Laws: Veterans, like all medical cannabis users, must follow Texas state laws governing conditions for eligibility, possession, transportation, and responsible use of medical cannabis. Staying updated on the latest legal provisions that may impact veterans’ access to medical cannabis is paramount.
  2. VA Healthcare System: It’s crucial to be aware that the Department of Veterans Affairs (VA) is a federal entity, and according to federal law, cannabis is classified as a Schedule I controlled substance. Consequently, VA healthcare providers cannot prescribe medical cannabis. However, veterans have the option to explore healthcare services outside of the VA system to obtain a physician’s prescription for medical cannabis.
  3. Enhanced Accessibility: Veterans are encouraged to inquire about special discounts or financial assistance programs offered by dispensaries and medical cannabis programs in TX. Many of these programs recognize veterans’ service and medical needs, making medical cannabis more affordable and accessible. 

At Dr. Weedy, we are firmly dedicated to supporting veterans in their quest to access medical cannabis treatment. We hold immense respect for the sacrifices veterans have made for our country. As part of our commitment to veterans, we have implemented special programs and discounts to enhance the affordability and accessibility of medical cannabis. Our initiatives for veterans encompass reduced costs, providing veterans the opportunity to acquire their medical cannabis prescriptions at a more budget-friendly rate.

To avail of our veteran’s discount, simply click here.

Access to medical cannabis treatment for people with disabilities in Texas

Dr. Weedy is firmly committed to ensuring equal access to medical cannabis treatment for individuals with disabilities in the state of Texas. We understand the unique needs and challenges faced by this community and aim to provide a supportive and inclusive environment for all patients. Here’s how we prioritize accessibility and convenience:

  1. Website Accessibility: Our online platform is designed with a strong emphasis on accessibility. We adhere to web accessibility standards to create a user-friendly experience for everyone. Navigating our website and completing the necessary steps to secure your medical marijuana prescriptions is made as straightforward as possible.
  2. Remote Evaluation: We understand that mobility and travel can present significant challenges for some patients. To address this, we offer a completely remote evaluation process, from your initial visit to our website to the final step of being certified and added to the CURT system. This means you can complete the entire process from the comfort of your home, eliminating the need for in-person visits.
  3. Expert Medical Guidance: Our experienced healthcare professionals are well-versed in the unique medical requirements of disabled patients. They possess a deep understanding of the potential benefits of medical marijuana for various conditions and can provide expert guidance tailored to your specific situation.
  4. Exclusive Discounts: We are dedicated to making medical marijuana treatment affordable for everyone. Upon request, we provide exclusive discounts tailored to your specific needs, ensuring that this vital treatment option is accessible and cost-effective for all who can benefit from it.

Dr. Weedy wholeheartedly aligns with the Coalition of Texans with Disabilities in advocating for the expansion of the TCUP program to encompass chronic pain conditions. We firmly believe that individuals suffering from chronic pain deserve access to alternative, effective treatment options, including medical cannabis.

MMJ reciprocity and access for non-residents in Texas

As of the current regulations in TX, there is no established medical marijuana reciprocity program in place. This means that access to medical marijuana in Texas is limited to permanent Texas residents. Individuals from out of state are not eligible to access medical marijuana in TX based on their home state’s medical marijuana program.

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