Texas Cannabis Laws

Low-THC medical cannabis is legal in Texas for qualified patients, while recreational cannabis use remains prohibited under current laws. Under the Texas Compassionate Use Program (CUP) (or Texas Compassionate Use Act), eligible Texans can use a limited number of low-THC cannabis products, like cannabis oil, edibles, and tinctures.

Recreational marijuana use is illegal in Texas, and penalties can be incredibly punitive. At the same time, some counties have effectively decriminalized cannabis, meaning it is vital to know the local rules and regulations for wherever you are located in Texas.

Medical Marijuana Laws in Texas

Medical use is allowed only in the form of low-THC cannabis oil, tinctures, and edibles. Low-THC is defined in Texas as a cannabis product containing less than 1.0% THC, up from a prior definition of 0.5%. While the current THC limits are still incredibly low, the state legislature has continued to discuss possible redefinitions and expansions of THC limits for medical patients in the future.

Recreational marijuana use, however, is taken seriously by state law enforcement. Small amounts of marijuana possession (2 ounces or less) can currently lead to up to 180 days in prison and a maximum fine of $2,000. Although recreational cannabis is illegal in the state, some counties and municipalities have effectively decriminalized cannabis, developing cite-and-release resolutions for possessing small amounts of cannabis.

Counties/municipalities include:

• El Paso
• Austin
• Harris County
• Dallas
• Bexar County
• Travis County
• Plano

Of course, it is important to be aware that decriminalized limits may vary from county to county. And, with state law dictating that cannabis is still illegal in Texas, you should not necessarily rely on a county’s decriminalization practice or cite-and-release policies as a get-out-of-jail-free card.

CBD and Delta-8 Laws

CBD products are legal in Texas and do not require a medical card, provided that the product contains less than 0.3% THC. You can currently buy delta-8 products, but that may not be the case forever. The legality of delta-8 products and other similar synthetic cannabinoids is up in the air in Texas.

While delta-8 products can currently be bought and sold all around the Lone Star state, the state is currently in the midst of a legal battle to determine whether or not products like delta-8 are legal. The state has made it clear that it does not intend to consider delta-8 a hemp product unless it contains less than 0.3% THC (similar to CBD). Again, however, such products currently exist in legal limbo.

What To Know About About Medical Cannabis in Texas

Laws surrounding cannabis differ from state to state. Texas is no exception. Medical patients in the state have certain rules and regulations they must meet and abide by, including meeting the state’s strict guidelines for who can be approved and which products medical patients are allowed to purchase.

Flower Is Not Allowed

When Texas first introduced a medical cannabis program, patients were limited to exclusively accessing cannabis oil. In 2020, following the state’s 2019 decision to expand the THC cap to 1%, cannabis edibles, and tinctures were made accessible to medical patients. Currently, however, flower from the cannabis plant remains unavailable for medical patients.

Only Certain Conditions Qualify for Medical Cannabis

Texas is strict about who can access medical cannabis.  Texas law lists the following medical conditions as qualifiers for a medical cannabis card:

• A seizure disorder (e.g., epilepsy)
• Amyotrophic lateral sclerosis (ALS), aka Lou Gehrig’s disease
• An incurable neurodegenerative disease
• Autism
• Cancer
• Multiple sclerosis (MS)
• Post-traumatic stress disorder (PTSD)
• Spasticity, such as that caused by conditions like Parkinson’s disease

Telemedicine Is Allowed

Texas allows patients to get certified for their medical marijuana card online, meaning you can speak with a doctor through Leafwell about getting your med card today.

Texas Does Not Accept Out-of-State Medical Cards

Texas does not recognize out-of-state medical cannabis cards. Additionally, it’s unlikely that a Texas patient will receive reciprocity due to the lack of a physical card or certificate. Many other states and territories, however, have forms of cannabis reciprocity including:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Can You Grow Cannabis in Texas?

Since cannabis flower is not legal for medical patients, home cultivation is currently prohibited in Texas.

The Bottom Line

Medical marijuana is legal in Texas, although patients are currently limited to low-THC cannabis products. Patients cannot access medical cannabis flower, but CBD products, including CBD oil, are legal. And while some cities and counties have effectively decriminalized marijuana, recreational cannabis remains broadly illegal in Texas and can be punished severely. It is unlikely that recreational marijuana legalization will occur in the near future.

If you are wondering if you qualify for medical cannabis in Texas, make an appointment with Leafwell today to speak with a qualified doctor. The process is quick and easy. Plus, you’re only charged if approved.