Texas
Regulatory Framework
The Texas Department of Public Safety (DPS) oversees the Compassionate Use Program (CUP), which regulates low-THC cannabis for qualifying medical conditions [1].
The Texas Department of Agriculture (TDA) is not involved in CUP or medical cannabis business licensing, but regulates Texas' industrial hemp program [2].
Legal Status
| Market | Status | Statute |
|---|---|---|
| Adult-Use | Illegal | Texas Controlled Substances Act (Title 6, Subtitle C, Chapter 481) [3] |
| Medical | Legal | Texas Compassionate Use Program (2015) [4] |
| Homegrow | Illegal | Texas Controlled Substances Act (Title 6, Subtitle C, Chapter 481) [3] |
Track-and-Trace
CUP licensees are required to use an Inventory Control System for traceability functions according to rules in Title 37 Part 1 Chapter 12 Subchapter A Rule Section 12.8 [5]. The Texas CUP utilizes the Compassionate Use Registry of Texas (CURT) for physician registration and licensing for organizations dispensing low-THC cannabis products [6].
Licensing
Texas CUP issues licenses for organizations dispensing low-THC cannabis products [6]. Separately, the Texas Department of State Health Services (DSHS) offers a Consumable Hemp Product License for businesses [7].
Possession Limits
| Item | Possession Limit | Statute |
|---|---|---|
| Possession of cannabis | - Up to 2 ounces: Class B misdemeanor (up to 180 days in jail and a $2,000 fine). Between 2 and 4 ounces: Class A misdemeanor (up to one year in jail and a $4,000 fine). Possession beyond this amount is a felony. | Texas Health and Safety Code Sections 481.120 & 481.121 [2]. |
| Medical cannabis | Limited to low-THC products prescribed by a licensed physician. | Texas Compassionate Use Program [4]. |
Medical Cannabis
Texas CUP allows patients with qualifying conditions to obtain a prescription for low-THC cannabis oil from a registered physician in the CURT program. Patients do not receive medical marijuana cards; instead, physicians provide prescriptions [6] [9]. The Texas Department of Public Safety (DPS) publishes annual reports with patient count data [10].
Qualifying conditions for the CUP include:
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- Epilepsy
- Incurable neurodegenerative disease
- Multiple sclerosis
- Post-traumatic stress disorder (PTSD)
- Seizure disorder
- Spasticity
- Medical conditions designated by the Health and Human Services Commission (HHSC) for research programs involving low-THC cannabis [11].
Patients under 18 must have a legal guardian registered by the prescribing physician. Texas CUP does not allow caregivers to assist adult patients [12].
Additional Resources
- Wikipedia: Cannabis in Texas https://en.wikipedia.org/wiki/Cannabis_in_Texas
- Texas Compassionate Use Program https://www.dps.texas.gov/section/compassionate-use-program/
References
- [1] "Texas Medical Marijuana." Texas Department of State Health Services. https://www.texas.gov/health-services/texas-medical-marijuana/ (Accessed August 22, 2024).
- [2] "Regulatory Programs - Hemp." Texas Department of Agriculture. https://texasagriculture.gov/Regulatory-Programs/Hemp (Accessed August 25, 2024).
- [3] "Health and Safety Code - Title 6. Food, Drugs, Alcohol, and Hazardous Substances - Subtitle C. Substance Abuse Regulation and Crimes - Chapter 481. Texas Controlled Substances Act - Subchapter A. General Provisions." Texas Constitution and Statutes. https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm (Accessed August 25, 2024).
- [4] "Texas Administrative Code - Title 37 - Part 1 - Chapter 12." Texas Secretary of State. https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=37&pt=1&ch=12 (Accessed August 25, 2024).
- [5] "Title 37 - Part 1 - Chapter 12 - Subchapter A - Rule Section 12.8." Texas Secretary of State. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=12&rl=8 (Accessed August 22, 2024).
- [6] "Licensing and Registration." Texas Department of Public Safety. https://www.dps.texas.gov/section/compassionate-use-program/licensing-and-registration (Accessed August 25, 2024).
- [7] "Texas Industrial Hemp Program." Texas Department of Agriculture. https://texasagriculture.gov/Regulatory-Programs/Hemp (Accessed August 25, 2024).
- [8] "Texas Marijuana Laws." Criminal Defense Lawyer. https://www.criminaldefenselawyer.com/marijuana-laws-and-penalties/Texas.htm (Accessed August 22, 2024).
- [9] "Dispensing Organizations." Texas Department of Public Safety. https://www.dps.texas.gov/section/compassionate-use-program/faq/dispensing-organizations (Accessed August 25, 2024).
- [10] "Reports and Statistics." Texas Department of Public Safety. https://www.dps.texas.gov/section/compassionate-use-program/reports-statistics (Accessed August 25, 2024).
- [11] "Frequently Asked Questions - General." Texas Department of Public Safety. https://www.dps.texas.gov/section/compassionate-use-program/faq/general (Accessed August 25, 2024).
- [12] "Frequently Asked Questions - Patients." Texas Department of Public Safety. https://www.dps.texas.gov/section/compassionate-use-program/faq/patients (Accessed August 25, 2024).