Does Texas have a recreational use program?

No, recreational use is not legal in Texas. 

Does Texas have a medical program?

Yes, Texas has an existing medical cannabis program. The Texas Compassionate Use Act, found in Chapter 487, Title 6 of the Texas Health and Safety Code, allowed medical marijuana use in the state effective June 2015.

This Act permits Texas’s licensed medical marijuana users to use cannabis products that have less than 1% THC (low-THC cannabis). The Texas Department of Public Safety (DPS) oversees the state’s medical marijuana program, known as the Texas Compassionate Use Program (CUP).

What are the rules for medical use?

The Texas Compassionate Use Act permits authorized distribution centers to lawfully provide low-THC cannabis products to registered medical marijuana patients. Low-THC cannabis products may be purchased on behalf of registered medical marijuana patients under the age of 18 by their parents or legal guardians.

Patients who meet the requirements cannot sign up for the Texas Compassionate Use Program on their own. They have to see authorized medical professionals who will evaluate their medical conditions and suggest low-THC cannabis. The doctors will next use the Compassionate Use Registry of Texas (CURT) to register the patients in the state’s Compassionate Use Program. Registration in the Texas Compassionate Use Program is restricted to state and permanent residents.

For low-THC cannabis, a Texas medical marijuana patient who has registered must present a government-issued ID at a dispensing facility. Parents or legal guardians of medicinal marijuana patients under the age of 18 must also present valid government-issued identity cards along with their social security numbers. Dispensing organizations check the Compassionate Use Registry of Texas (CURT) to validate medicinal marijuana patients’ identity and prescription information before dispensing low-THC cannabis to them.

What are the qualifying medical conditions for eligibility?

• Terminal cancer
• Epilepsy
• Seizure disorder
• Multiple sclerosis
• Autism
• Amyotrophic lateral sclerosis
• Spasticity
• Incurable neurodegenerative disease
• Post-traumatic stress disorder (PTSD)

What are the medical program limits?

Only the low-THC dosages that have been prescribed by their doctors may be refilled by registered patients.

What methods of use are permitted under the medical program?

Only low-THC cannabis oil that contains less than 1% THC, including oils, tinctures, ointments, creams, edibles, and beverages.

Is there home delivery for medical cannabis?

Employees of the dispensing organization have the option to fill prescriptions over the counter or deliver them to patients.

Is CBD legal in Texas?

Yes, CBD is legal in Texas.

Governor Abbott signed House Bill 1325 into law, establishing regulations for the cultivation, production, and testing of hemp and hemp products in Texas. The state adheres to federal definitions for hemp and marijuana, making CBD oils or products derived from hemp legal, with legal CBD defined by the Hemp Farming Act as containing no more than 0.3% THC content by weight.

Texas Compassionate Use Act, enacted in 2015 and amended in 2019 and 2021, serves as the state’s medical marijuana law. It permits registered patients in the Compassionate Use Program to use low-THC products as an alternative treatment. 

Is cannabis decriminalized in Texas?

No, cannabis is not decriminalized in Texas.

In general, the state prohibits the sale or possession of any amount of marijuana, and the penalties that may be imposed vary depending on the quantity sold or obtained.

Possessing up to two ounces of marijuana is regarded as a misdemeanor, punishable by up to $2,000 in fines and 180 days in jail. When two to four ounces are involved, the offense is still classified as a misdemeanor but penalties are more serious, carrying a potential fine of $4,000 and a year in jail. Four ounces to five pounds is considered a felony, carrying a maximum punishment of $10,000 along with possible sentences of 180 days to two years in jail.

Possession of five pounds or more carries a more serious felony charge, which carries a maximum fine of $50,000 and a maximum sentence of two to 99 years in prison.