Texas

Legislation History

The Texas Legislature on June 11, 2015, passed the Texas Compassionate Use Act, or SB 339, authorizing organizations to cultivate, process, and dispense low-THC cannabis to patients with intractable epilepsy and their caregivers. It also legalized the use of low-THC and high-CBD cannabis for sale and patient use to treat intractable epilepsy, although the first medical cannabis sale did not take place until Feb. 1, 2018. Only patients who are permanent residents of Texas can be registered to The Compassionate Use Registry of Texas (CURT)

 

The law specifically prohibits ingesting low-THC cannabis by smoking.

 

Furthermore, possession of flower cannabis or non low-THC cannabis has not yet been decriminalized, and can still result in serious criminal penalties.

 

Low-THC Cannabis means cannabis with less than 0.5% THC and greater than 10% CBD content by weight.

Overview

The Texas Department of Public Safety (DPS) holds jurisdictional authority and has developed rules and regulations to establish, implement, and administer the statewide program so qualified patients and caregivers receive access to low-THC cannabis products.

 

State-certified physicians are required to write a recommendation for the use of cannabis.

Physicians must provide dosage recommendations, as well as dosage instructions for patients and caregivers, and the number of refills.

Where is it Safe to Purchase?

Only patients in the registry, who have been diagnosed with intractable epilepsy by a state-certified physician, can purchase medical cannabis from one of three current Texas DPS-licensed medical dispensaries. As of December 15, 2017, the TxDPS has issued three dispensing organization licenses: Cansortium Texas, Compassionate Cultivation and Surterra Texas.

 

If patients are unable to make the purchase themselves, two (2) of the three (3) licensed dispensaries offer delivery services. Currently, only social workers and nurses are allowed to deliver cannabis products to patients and their caregivers.

 

There is currently no tax information given in state legislation.   

Where is it Safe to Consume?

SB 339 does not specify any restrictions on where a patient can legally possess or consume medical cannabis.

Possession

Possession limits are set by attending physicians.

 

The law specifically prohibits ingesting low-THC cannabis by smoking; therefore, possession of cannabis flower or cannabis with THC content above 0.5% is prohibited.

How Old Do I Need
to Be to Consume?
N/A
Recreational
N/A
Medical
Possession Limit
for Flower
N/A
Recreational
N/A
Medical
Possession Limit
for Concentrates
N/A
Recreational
N/A
Medical

Registry

The Compassionate Use Registry of Texas is a system that allows physicians to register and prescribe low-THC cannabis to qualified patients. No registry identification card is needed, nor is there a fee to participate in the program. Once certified and added to the registry by their attending physician, patients can purchase low-THC cannabis products from any of the three state-licensed dispensaries.

Patient Requirements

There is currently no age restriction for patients; however, patients younger than age 18 will need a parent legal guardian to obtain medical cannabis. Patients in the registry are authorized to purchase and consume medical cannabis if they meet eligibility requirements:

  • Established permanent Texas residency
  • Diagnosed with intractable epilepsy, currently the only qualifying condition that grants patients’ access to medicinal cannabis
  • Prescribed medical-use, low-THC (less than 0.5% THC) cannabis by a qualified physician
  • A second qualified physician must concur with the determination

Caregiving

Patients who need assistance obtaining or using medicinal cannabis may have their prescription filled and delivered by a caregiver or legal guardian. Currently, only social workers and nurses are allowed to deliver marijuana products on behalf of a patient or their legal guardian.

Lab Testing

There is currently no lab testing required by the state.

 

This page was last updated on May 8, 2018.