Texas Medical Marijuana Law
The medical marijuana program in Texas allows any patient with an approved medical condition to treat themselves with medical-use cannabis products once they receive a prescription from a qualified physician.
Texans have embraced the program. Based on continued patient success and ongoing advocacy, the program will likely continue to evolve as attitudes on medical marijuana shift.
While Texans can legally use and possess cannabis consistent with their prescription, marijuana possession remains illegal across the state. It's important to understand your rights as a patient to ensure you comply with state laws.
As of August 2022, more than 34,000 patients are enrolled in the medical cannabis registry. Effectively managing the symptoms of your medical condition while complying with all necessary rules and regulations of the state’s medical cannabis program will ensure you enjoy an improved quality of life and continued access to medical cannabis products.
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Texas Medical Marijuana Law History
The state of Texas prohibited marijuana in 1931 and reclassified possession as a felony in 1973. The state legislature enacted the first major legislative update in over 40 years with The Texas Compassionate Use Act in 2015.
The law required the Department of Public Safety to establish an online registry for doctors to issue marijuana prescriptions and track patients. Cannabis could only be ordered as a treatment for specific types of epilepsy.
The Compassionate Use Registry of Texas (CURT) proved effective at tracking patient eligibility and physician compliance. The legislature expanded the program in 2019 by adding all forms of epilepsy, autism, multiple sclerosis, spasticity, amyotrophic lateral sclerosis (ALS), terminal cancer, and incurable neurodegenerative disorders, including Alzheimer’s and Parkinson’s, to the list of approved medical conditions.
Lawmakers updated the law again in 2021, adding all cancer diagnoses and post-traumatic stress disorder (PTSD) to the qualifying medical condition(s). They also raised the cap on THC concentration from 0.5% to 1%.
As of January 2022, thanks to new cannabis laws, doctors can issue certifications for any health condition if they believe cannabis will benefit the patient.
Marijuana Possession Laws in Texas
Texas has some of the strictest marijuana possession laws in the nation. Possession of up to 2 ounces of marijuana is a misdemeanor violation. Offenses are punished with up to 180 days in jail and a $2,000 fine. Possession of more than 4 ounces is a felony.
Patients with a valid prescription who possess marijuana obtained from a licensed dispensary are exempt from the possession laws. However, you cannot possess marijuana obtained from another source.
Under Texas cannabis laws, marijuana flower and smokable cannabis are illegal for all Texans. You can only legally purchase and possess edibles, topicals, capsules, and tinctures.
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.
Applying for A Texas Medical Marijuana Card?
Texas does not issue physical cards to approved marijuana patients. Instead, they electronically monitor patient eligibility through the CURT system.
You must obtain a prescription from a qualified Texas physician to enter the registry and begin purchasing medical marijuana. Medical providers must opt-in to the program to issue prescriptions. As of August 2022, only 630 doctors are authorized to issue prescriptions.
The Sanctuary Wellness Institute can guide you through the patient requirements of the Compassionate Use Program and advise you about applicable rules and regulations. Our team will help you prepare for your consultation by ensuring you have the necessary medical records and identification documents to enroll in the registry.
We can then refer you to an experienced medical marijuana doctor who will conduct a telehealth consultation and review your medical needs. They will help you determine if your health condition can benefit from cannabis treatment and advise you about the potential side effects.
Once the physician enters you into the CURT system, you can easily shop at your dispensary of choice by verifying your identity with a valid photo ID.
Frequently Asked Questions
No—recreational-use cannabis is not legal in Texas. You can only possess marijuana in Texas if you have a prescription and obtain your cannabis from a state-licensed dispensary. You are limited to the form and dose of cannabis your doctor prescribes.
Qualifying patients can legally possess anything sold by dispensaries, which can be found in major cities like Dallas, Houston, and Austin. Currently, Texas dispensaries are authorized to sell gummies, lozenges, beverages, capsules, tinctures, derivatives, and topical applications with up to a 1% tetrahydrocannabinol (THC) concentration.
The three authorized dispensers carry different product lines and offer various strains of cannabis. You should shop around to determine which products are best for managing your symptoms.
You cannot possess cannabis flowers, vape cartridges, or any other form of smokable cannabis. You cannot grow or possess cannabis plants.
Your doctor will set your purchase limit when they issue your prescription. Be open and honest with your provider about the extent and severity of your symptoms. This will help ensure they issue the appropriate dosage.
The prescription is managed through the CURT system, which the dispensary will use to ensure your purchases are consistent with your prescribed limit.
No. Only permanent Texas residents with an active prescription and enrollment in the CURT system can legally purchase and possess medical marijuana. You are subject to all Texas possession laws even if you have an out-of-state medical marijuana card.
Texas does not prevent you from getting a medical marijuana prescription if you have a felony. Any Texan is eligible for the program if they have one of the state-recognized qualifying conditions and are enrolled by a registered doctor.