How to Get a Medical Marijuana Card in Texas: Your Interactive Guide for 2024

No Age Limitations for Low-THC Cannabis Prescriptions in Texas

Texas law does not impose any age restrictions on patients for medical marijuana prescriptions. This inclusive approach ensures that individuals of all ages can access medical marijuana if it is deemed beneficial for theirhealth condition.

If a minor (under 18) is recommended for medical marijuana, the prescribing physician must register the parent or guardian’s details in the Compassionate Use Registry of Texas (CURT). This registration is an essential part of ensuring that the minor's treatment is properly managed and documented.

Residency Requirements

Patients seeking a medical marijuana prescription in Texas must be permanent residents of the state. Unfortunately, out-of-state patients are not eligible for participation in the Texas Medical Marijuana Program. The program does not currently support reciprocity with any other states, meaning that medical marijuana cards or prescriptions from other states/countries are not accepted. The exclusive acceptance of the Texas Compassionate Use Registry (CURT) program ensures that only Texas residents can legally purchase medical cannabis within the state. Therefore, individuals holding out-of-state cards should be aware that these documents are not considered valid for medical marijuana access in Texas.

Eligible Medical Conditions for Medical Card in Texas

As of December 2023, the state of Texas maintains a specific list of medical conditions that qualify for medical marijuana use. While this list is more limited compared to other states,efforts are ongoing to advocate for its expansion, bringing hope to patients facing challenges in accessing medical cannabis legally.

Understanding Texas’ Approach

Unique Certification Process: In Texas, obtaining access to medical marijuana involves a distinctive process. Unlike some states that rely on recommendations, Texas requires an official prescription from a state-certified physician. This regulated approach is aimed at ensuring the legitimacy of medical marijuana use and mandates that the physician be registered with the Texas medical marijuana program.

Physician’s Role: A qualified physician in Texas plays a crucial role in evaluating whether the potential benefits of using low-THC cannabis outweigh the associated risks for the patient.

Current List of Qualifying Conditions

Limited Scope: As it stands, the list of diseases eligible for medical marijuana treatment in Texas is not extensive.

Hope for Expansion: Advocates and patients are hopeful that Texas will follow the lead of other states in broadening the range of qualifying medical conditions. This expansion would potentially allow more patients to benefit from the therapeutic uses of medical marijuana.

Treating PTSD with Marijuana in Texas

In 2021, Texas recognized PTSD as a qualifying condition for medical marijuana usage, following the enactment of House Bill 1535. This development means that individuals in Texas who are dealing with PTSD now have the opportunity to explore cannabis-based treatments. Such prescriptions must be obtained from physicians registered with the Compassionate Use Program (CUP). The availability of this treatment option marks a significant step towards supporting Texans with PTSD in leading more enriched and balanced lives.

Only Registered Physicians Can Prescribe Medical Marijuana in Texas

In Texas, the authority to prescribe medical marijuana is exclusively granted to physicians who are registered with the Compassionate Use Registry of Texas (CURT). If you are in need of a medical marijuana prescription, finding a registered physician is a straightforward process, thanks to the search tool provided by the Texas Department of Public Safety (DPS). However, opting for an online consultation might be a simpler option.

Doctor's Endorsement Process

Once your physician determines that marijuana could be beneficial for your condition and issues a prescription, they will handle the process of entering your details into the CURT system. This process in Texas is simplified – there is no requirement for a separate medical cannabis card or written certification. Your prescription can be directly verified through the CURT database by any licensed cannabis dispensary. Additionally, registering in the Compassionate Use Registry is free of charge.

*Additional Steps for Minors

If the patient is a minor, a parent or legal guardian must provide additional information. This includes the caregiver’s identification, the last five digits of their social security number, surname, and date of birth.

Medical Marijuana Rules Out Carrying Firearms in Texas

Holding a medical marijuana card in Texas brings with it a critical legal consideration regarding firearm ownership. This stems from the federal government's classification of cannabis as a Schedule 1 illegal drug. Individuals using medical marijuana are, by federal law, engaging with a controlled substance, impacting their legal ability to own firearms. Federal law explicitly prohibits individuals who use controlled substances, including medical cannabis, from legally purchasing or possessing firearms.

Therefore, medical marijuana cardholders in Texas must be acutely aware that their status can legally restrict them from owning or purchasing firearms.

All Texas licensed dispensers

In Texas, while low-THC medical marijuana is legal, it cannot be purchased from just any regular pharmacy. The state has established specialized medical marijuana dispensaries, also known as dispensing organizations, to ensure that patients can legally and efficiently acquire medical cannabis as per their prescriptions.

Currently, there are three licensed medical marijuana dispensaries in Texas, catering to the needs of patients who have valid prescriptions. It's important to note that Texas does not have any recreational cannabis dispensaries, as adult-use marijuana remains illegal in the state.

For those looking to access medical marijuana, the licensed dispensaries include Fluent, Goodblend, and Texas Original. Texas Original, apart from offering delivery services to several cities including Amarillo, Corpus Christi, Dallas, El Paso, Houston, Manchaca (where they also have a storefront), San Antonio, and Surterra Wellness, extends its services to Austin, Dallas, Houston, and San Antonio, ensuring broad accessibility for patients across major locations in the state.

Annual renewal

In Texas, the validity of medical marijuana prescriptions extends for one year, necessitating an annual renewal to maintain legal access to medical cannabis. Conveniently, this renewal process can be completed online, ensuring ease and continuity for patients.

Part of this renewal process includes a consultation. Notably, the fee for the consultation is only charged if the renewal is approved, providing a safeguard for patients against expenses for unsuccessful applications.

This system ensures that patients continue to receive their necessary treatments without interruption, while also adhering to the legal requirements set by the state.

Legal Types of Marijuana in Texas

In Texas, the legal status of marijuana and its derivatives is determined by their THC concentration. Marijuana is legally defined as a cannabis plant or its derivatives that contain more than 0.3% THC. On the other hand, if a substance has a THC concentration of less than 0.3%, it is classified as hemp, not marijuana.

Recreational Marijuana Products:

• Texas, businesses are allowed to sell CBD products, provided that their THC concentration does not exceed 0.3%. This regulation ensures that while CBD, known for its potential therapeutic benefits, is accessible, it remains non-intoxicating.
• Delta-8 THC presents a unique case. Although it is a psychoactive substance, it is produced in only small amounts by cannabis plants. In May 2021, a significant legal development occurred when a federal court in California ruled in a separate lawsuit that delta-8 products are federally legal under the definition of hemp, as long as their THC concentration is under 0.3%. This ruling means that, like CBD, delta-8 products are legal in Texas provided they meet the THC concentration criteria.

Medical Marijuana Products:

• For medical cannabis, state law places a cap on the total THC content, restricting it to 1% THC by weight. This regulation is specific to medical marijuana products and does not apply to recreational CBD or delta-8 THC products.
• 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.

This legal framework in Texas distinguishes between psychoactive marijuana and non-psychoactive hemp, thereby regulating the availability and use of different cannabis-derived products.

Possession Limits for Medical Cannabis Patients in Texas

In Texas, the specific guidelines for the possession of medical cannabis by patients are not explicitly defined by the state. Instead, practicing physicians have the discretion to determine the appropriate possession amounts based on the individual needs of the patient. It's crucial to recognize that the state law sets a limit on the total tetrahydrocannabinol (THC) content in any medical cannabis product, capping it at 1% THC by weight.

In certified medical practices in Texas, all parts of the Cannabis Sativa L plant and its derived compounds, salts, resins, oils, and derivatives are utilized. However, it's important to understand that the medical use of these substances is restricted to ingestion, not smoking. Patients are prescribed a certain dose of medical cannabis with low THC content, and it's advised to store their medications in the original packaging provided by licensed dispensaries to ensure responsible and lawful use.

In the state of Texas, registered patients using medical marijuana are not permitted to grow marijuana plants for personal use in their homes. Texas does not issue individual producer or cultivator licenses to private individuals, and home cultivation is not allowed by law. The cultivation of marijuana is exclusively the domain of licensed organizations engaged in marijuana distribution.

Patients should follow their doctor's instructions precisely regarding the type and dosage of medical cannabis. Deviating from prescribed use can lead to legal consequences.