Texas Medical Marijuana Card
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Cannabis' legal status in the United States has shifted dramatically in recent years. Marijuana is still classified as a Class 1 controlled substance at the federal level, indicating it has a "high potential for abuse." It hasn't been approved by the FDA for medical treatment.
Still, many states have approved legislation making recreational marijuana legal. Texas, however, is not one of them. Possession of marijuana is currently a Class B misdemeanor in Texas, carrying a maximum term of 180 days in jail, a fine of up to $2000, or both.
However, this does not mean that marijuana is completely prohibited in Texas. The Texas Compassionate Use Act is a medicinal marijuana law that permits people with certain medical conditions to get prescriptions for medical marijuana.
Do you want to get medical marijuana through the state of Texas' medical marijuana program? Read on to learn if you qualify for the Texas Compassionate Use Program, how much it costs, and what questions you should ask your doctor.
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What is Medical Marijuana?
In Texas, medical marijuana is limited to items with less than 1% tetrahydrocannabinol (THC) by weight. THC is a cannabinoid found naturally in the cannabis plant. It can cause a psychoactive response and aid in the treatment of anxiety, nausea, and sleeplessness in patients. It's also been demonstrated to help with pain relief, particularly in the case of neuropathic pain.
Low-THC medications approved for medical use in Texas are restricted to items that can be swallowed or ingested rather than smoked. The majority of these products come in the form of an oil that contains both THC and CBD (another cannabinoid). There are also oral sprays and lozenges available.
Texas Public Consumption Laws
Texas does not have explicit regulations or laws concerning the public consumption of medical cannabis. However, it is illegal to be visibly intoxicated in public.
You should only consume medical cannabis on private property in an environment where you feel safe and secure. Due to the federal prohibition, you cannot possess or consume cannabis in national parks or federal buildings like courthouses and prisons.
Texas Cannabis DUI Laws
Texas has zero tolerance for drugged driving, even if you have a valid medical marijuana prescription. First offenses are Class B misdemeanors punished by up to a $2,000 fine, 180 days in jail, 100 hours of community service, and a one-year license suspension.
Subsequent DUIs are subject to harsher minimum punishments. A third offense is considered a felony.
Who is Eligible for a Medical Marijuana Card in Texas?
In Texas, there is no minimum age to qualify for medical marijuana, though applicants under the age of 18 must have the approval of a legal guardian.
Those who qualify for medical marijuana in Texas are not issued a card. Instead, patients need to obtain a medical marijuana prescription from a licensed physician.
Patients must complete various requirements in order to obtain a medicinal marijuana prescription, including:
- You must be a Texas permanent resident.
- You must obtain a medicinal marijuana prescription from a doctor who is a member of the Texas Compassionate Use Registry (CURT).
- The advantages of your medical marijuana treatment must outweigh the risks, according to your doctor.
- You must have a medical condition that qualifies you.
Medical Marijuana in Texas
Epilepsy was the sole medical condition that medicinal marijuana was approved to treat when it became legal in 2015. The Compassionate Use Act, which legalized medicinal marijuana in Texas, has since broadened the list of diseases for which marijuana is approved.
PTSD and all forms of cancer were just accepted as diseases that could be treated with medical marijuana in September of 2021.
Call or text (484) 346-5140 with any questions and to schedule your evaluation!
Texas Qualifying Conditions
The following medical disorders can now be treated with low-THC substances:
- All forms of Cancer, including terminal cancer
- Amyotrophic Lateral Sclerosis (ALS)
- Autism spectrum disorders
- Diabetic neuropathy
- Incurable neurodegenerative diseases, including Parkinson's Disease, dementia, and Alzheimer’s Disease
- Intractable Epilepsy
- Multiple sclerosis (MS)
- Post-Traumatic Stress Disorder (PTSD)
- Seizure disorders
Some conditions that do not qualify patients for medical marijuana treatment include:
How to Get a Medical Marijuana Prescription in Texas
Find Out if You Qualify
To get a prescription for low-THC medications, you must first determine if you qualify for one. To be considered, you must be a permanent Texas resident with a state ID and have a qualifying medical condition such as epilepsy or cancer.
Talk to a Doctor
Medical marijuana can only be prescribed by select doctors. To write prescriptions for medical marijuana, qualified physicians must be registered with CUP (Texas Compassionate Use Program). Many of the doctors in this program are available for telemedicine appointments.
You can send your medical history and qualifying medical condition(s) to a CUP-verified doctor to expedite the process of getting a prescription if you already have documentation from your marijuana doctor.
The CURT website has a list of cooperating physicians who can prescribe low-THC medications.
Fill Your Medical Marijuana Prescription
Your doctor will enter your medical marijuana prescription into the CURT system after they have written it for you. Once a prescription is entered into the system, it is immediately available for filling at a dispensary. However, the patient must notify the dispensary that their prescription is in the system.
The Texas Original Compassionate Cultivation is the state's only locally owned and run medical marijuana dispensary. They have sites in Dallas, Houston, Austin, and San Antonio, and they offer statewide delivery.
To pick up a prescription for a low-THC substance, you must be at least 18 years old or be accompanied by a parent or guardian. A valid Texas ID, as well as your name, date of birth, and the last four digits of your social security number, will be required.
Where Can You Buy Texas Medical Marijuana?
As of September 2022, there are three licensed dispensaries in Texas. They accept orders online and by phone. Their policies and product lines differ, so it's best to shop around before determining which dispensary is best suited to meet your needs.
Based in Austin, Goodblend has pickup locations in West Houston, Houston, Fort Worth, San Antonio, Austin, Wichita Falls, Addison, Corpus Christi, Nacogdoches, and Frisco. They also have a delivery calculator to help you determine delivery fees based on your location.
Texas Original is also headquartered in Austin. They have pickup locations in San Antonio, North Austin, Waco, Houston Heights, North Houston, Katy, Frisco, Fort Worth, Dallas, Addison, Lubbock, and Nacogdoches.
The sites are only available once or twice a week. They offer free delivery on orders over $250 but encourage those able to travel to pick up their orders.
Fluent Cannabis Care carries three blends of CBD and low-THC oils. They offer free delivery on all purchases with no minimum purchase threshold.
What Does an MMJ Card Permit in Texas?
Patients in Texas with a medicinal marijuana prescription are allowed to possess low-dose THC products for medical purposes only. THC in its recreational form is still illegal in Texas, as are THC products that contain more than 1% THC by weight.
Frequently Asked Questions
You'll need medical evidence that shows you have a real medical condition that low-THC products can help with. If you don't have any supporting paperwork from a doctor who is currently treating you, you can speak with a doctor who can diagnose you first so that the CURT doctor who will write your prescription has the necessary proof.
The majority of medical marijuana qualifying appointments are short, lasting approximately 10-15 minutes. The qualifying doctor will inquire about your current or previous medical conditions, as well as your medical history. If you're authorized for a low-THC prescription, the prescription will be entered into the CURT website and ready for you to fill the same day as your visit.
If you have a caregiver or someone who helps you with your day-to-day medical and home needs, they won't be able to apply for an MMJ prescription for you. Nurses and home health aides are also unable to obtain prescriptions for low-THC products for their patients.
Each patient must apply for a prescription and pick it up themselves. Only if the patient is under the age of 18 can there be an exception. In that case, a parent or guardian must accompany the patient and apply for the prescription on their behalf.
There are no state fees associated with obtaining a medical marijuana prescription. You should expect to pay an office visit fee to the doctor who prescribes the low-THC product for you, which you can discuss with their office before your appointment.
Depending on your prescription, the cost of your low-THC products will vary. Medical marijuana is not covered by insurance because it is illegal at the federal level and has not been approved by the FDA to treat any medical conditions.
Prescriptions for medical marijuana must be filled at a licensed dispensary like Texas Original Compassionate Cultivation. Pick-up and delivery are available at various locations across the state.
Some states have a reciprocity program in which they accept medical marijuana cards from other states. However, because Texas does not issue cannabis cards, this is not an option for Texans who receive low-THC cannabis prescriptions from the state.