Cannabis Laws in Texas Cannabis Laws

Texas has a medical marijuana program, which has been operating since 2015. Recreational cannabis is illegal. Prior to 1973, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.

  • Medical Program Only

Medical Cannabis Laws in Texas

Medical use is allowed only in the form of low-THC cannabis oil, less than 0.5% THC with a doctor’s approval and less than 0.3% THC without.
Chapter 169 allows qualified physicians to prescribe low-THC cannabis to certain patients with incurable neurodegenerative diseases. In this chapter, “low-THC cannabis” is defined as a cannabis plant or derivative that contains less than .5% of tetrahydrocannabinols by weight.
The Texas Department of Public Safety operates CURT, the Compassionate-Use Registry of Texas.

Telehealth for Cannabis in Texas

Telehealth is legal for medical cannabis consultations in Texas. You can see a compassionate and friendly medical marijuana physician online with Leafwell today.

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Qualifying Conditions for Medical Cannabis Patients in Texas

Cannabis Laws and Children in Texas

You must be aged 18 or over in order to get certified for medical marijuana in Texas. Those aged under 18 will need to have a caregiver listed on their application form to qualify. Caregivers must be aged 21 or over.

Texas does not currently have an official MMJ Caregiver program. However, minors (those aged under 18) can qualify for medical cannabis, and a parent or guardian must be listed on their initial application. Minors suffering from terminal or chronic conditions like cancer, epilepsy or any other long-term neurological condition that affects quality of life, and some kinds of autism may qualify a minor for an MMJ card.

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

There are no specific laws detailing the use of medical cannabis on schoold grounds. Like many othe rlegalized medical and recreational states, it is wise to keep medical cannabis use 1,000 feet away from a school or anywhere where children or vulnerable people may be (e.g. parks, hospitals).

Cannabis Possession Limits in Texas

  • For medical card holders = No defined limits – products must contain less than 0.5% THC and at least 10% CBD.
  • For recreational users = Illegal

Cannabis Cultivation Laws in Texas

It is illegal to grow cannabis in Texas.

Cannabis and Gun Laws in Texas

It is illegal to own a firearm and a medical marijuana card at the same time in Texas.

Cannabis and Employment Law in Texas

Employers still have the right to test their employees for drugs, including cannabis. Texas medical cannabis laws do not have any specific provisions protecting employees.

Local Cannabis Laws in Texas

Some counties/municipalities have effectively decriminalized cannabis, developing cite-and-release resolutions if not decriminalizing outright. Counties/municipalities include:

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