Texas

Getting a Medical Marijuana Card in Texas

Cannabis is still illegal for recreational use in Texas, with possession of up to two ounces of marijuana potentially resulting in a jail sentence of up to six months and fine of up to $2,000. Medical marijuana is available in Texas, but only if it contains a maximum of 0.5% THC and at least 10% CBD. On June 1 2015, the Compassionate Use Act was introduced, which allowed cannabis-derived CBD to be prescribed for those with intractable epilepsy. The qualifying conditions were expanded to include terminal cancer, Amyotrophic Lateral Sclerosis (ALS, aka Lou Gehrig’s disease), Parkinson’s Disease (PD), multiple sclerosis (MS), autism and spasticity. However, Texas is still one of the most restrictive states regarding cannabis use – whether medically or recreationally – in the United States.

Interestingly, doctors in Texas can actually “prescribe” medical cannabis under the Compassionate Use Act, as opposed to just “recommend” it. As cannabis is federally prohibited and cannot legally be “prescribed”, this has made some doctors hesitant to “prescribe” cannabis as medicine, even if the state legislature allows them to.

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Telehealth/In-Person

In-person. In order to qualify for a medical cannabis prescription in Texas, a certified physician must determine if cannabis may be useful. A second physician then must concur with the first physician’s assessment. Only a neurologist or an epileptologist may provide assessments, although it would make sense if oncologists are now also able to prescribe cannabis for cancer.

How old do I have to be in order to apply for a medical marijuana card/prescription in Texas?

Those aged 18 or over may apply for a medical marijuana prescription for themselves or as a caregiver for those aged under 18. Written confirmation and the recommendation-medical marijuana card cycle is not needed in Texas, as patients are registered directly onto CURT.

How long does it take to get a medical card/prescription for medical marijuana?

No information available at this time. Patient has to register to the Compassionate Use Registry of Texas (CURT)

Possession Limit

No specific information is given. Only CBD oil is available, and it is only possible to buy it from one of three legal dispensaries, Cansortium Texas, Compassionate Cultivation and Surterra Texas. CBD oil must be at least 10% cannabidiol (CBD) and a maximum of 0.5% tetrahydrocannabinol (THC).

Qualifying Conditions
  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism
  • Epilepsy
  • Multiple Sclerosis (MS)
  • Parkinson’s Disease (PD)
  • Seizure Disorder
  • Spasticity
  • Terminal Cancer
  • Any incurable neurodegenerative disease
Medical Marijuana Laws

1973 – House Bill 447 is introduced to lower the penalties for cannabis offenses.

2007 – House Bill 2391″Cite and Release” is introduced for low-level offenses, as opposed to arrested. Citations could be given for possession of up to 4 ounces of cannabis.

2015 – House Bill 2165 proposed recreational legalization. State Representative David Simpson’s bill gained majority support in the House Criminal Jurisprudence Committee, but did not make it any further than that.

2015 – Senate Bill 339, the Texas Compassionate Use Act, was signed by Governer Greg Abbott, allowing for limited medical cannabis use for the treatment of epilepsy.

2019 – House of Representatives voted to approve House Bill 63. If enacted, the bill would have made possession of up to one ounce a Class C (rather than a Class B) misdemeanor, eliminated the threat of jail time, and reduced the fine to $500. Sadly, Lt. Governer Dan Patrick announced that he would not allow a vote on HB 63 in the senate.

2019 – Gov. Abbott signs House Bill 1325 and hemp is legalized.

2019 – Gov. Abbott signs House Bill 3703, increasing the number of qualifying conditions eligible for registering to CURT and gaining access to low-THC, high-CBD cannabis oil.

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