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Texas Medical Marijuana Law
Upon receiving a prescription from a licensed doctor, Texas’ medical marijuana program enables any patient with a recognized medical condition to treat themselves with cannabis products for medical use.
The program has been embraced by Texans. As attitudes toward medical marijuana continue to change, the program will probably continue to grow based on patient success and ongoing advocacy.
While marijuana use and possession are legal in Texas for those who have a prescription, it is still against the law to own marijuana. To make sure you abide by state laws, it’s crucial to be aware of your rights as a patient.
More than 34,000 patients are listed in the medical cannabis registry as of August 2022. You will maintain access to medical cannabis products and enjoy an improved quality of life if you successfully manage the symptoms of your medical condition while adhering to all necessary rules and regulations of the state’s medical cannabis program.
Texas Medical Marijuana Law History
In Texas, marijuana use was outlawed in 1931, and possession became a crime in 1973. The Texas Compassionate Use Act, passed by the state legislature in 2015, represents the first significant legislative update in more than 40 years.
The Department of Public Safety was mandated by the law to create an online registry where physicians could register patients and write prescriptions for marijuana.
The Compassionate Use Registry of Texas (CURT) has been successful in monitoring physician and patient compliance. The program’s list of accepted medical conditions was expanded by the legislature in 2019 to include epilepsy, autism, multiple sclerosis, spasticity, amyotrophic lateral sclerosis (ALS), terminal cancer, and incurable neurodegenerative diseases like Alzheimer’s and Parkinson’s.
In a subsequent update to the law in 2021, post-traumatic stress disorder (PTSD) and all cancer diagnoses were added to the list of qualifying conditions. Additionally, the state increased the THC concentration limit of authorized cannabis products from 0.5% to 1%.
In accordance with Texas law, doctors may write prescriptions for any medical condition for which the Health and Human Services Commission has approved the use of low-THC cannabis as part of a state-approved research program. This includes wasting syndrome, anxiety, seizure disorders, uncontrollable epilepsy, persistent pain, and numerous other chronic illnesses.
Marijuana Possession Laws in Texas
The nation’s strictest marijuana possession laws are found in Texas. Marijuana possession of up to 2 ounces is a misdemeanor offense. A $2,000 fine and up to 180 days in jail may be imposed as penalties for offenses. It is illegal to possess anything in excess of 4 ounces.
Patients who possess marijuana from a recognized dispensary with a valid prescription are exempt from the possession laws. You are not permitted to possess marijuana, though, if it came from somewhere else.
Both marijuana flower and smokable cannabis are prohibited under Texas law for all Texans. Only tinctures, topicals, capsules, and edibles are acceptable for sale and possession.
Texas Public Consumption Laws
Texas does not have any explicit rules or laws governing the use of medical cannabis in public. It is prohibited to appear intoxicated in public, though.
Only use medical cannabis in settings where you feel secure and safe, such as on private property. Cannabis is illegal under federal law, so you’re not allowed to possess it or use it in federal facilities like prisons and courthouses.
Texas Cannabis DUI Laws
Even if you have a valid prescription for medical marijuana, Texas does not tolerate driving while under the influence of drugs. Class B misdemeanors, which carry a one-year license suspension, a maximum $2,000 fine, 180 days in jail, and 100 hours of community service, are punished for first offenses.
Minimum penalties for subsequent DUIs are more severe. A felony is defined as a third offense.
Applying for a Texas Medical Marijuana Card?
Texas does not physically issue cards to marijuana patients who have been approved. Instead, they use the CURT system to electronically monitor patient eligibility.
To join the registry and start buying medical marijuana, you must have a prescription from a licensed Texas doctor. Before writing a prescription, a doctor must agree to participate in the program. Only 630 doctors will be permitted to write prescriptions as of August 2022.
You can get assistance from the Sanctuary Wellness Institute with the Compassionate Use Program’s patient requirements as well as guidance on any relevant laws and rules. In order to enroll in the registry, our team will make sure you have the necessary medical records and identification documents before your consultation.
We can then recommend a qualified medical marijuana practitioner to you, who will carry out a telehealth consultation and assess your medical requirements. They can advise you on possible side effects and assist you in determining whether cannabis treatment is appropriate for your health condition.
You can easily shop at the dispensary of your choice after the doctor registers you in the CURT system using your legitimate photo ID as identification.
Frequently Asked Questions
Is recreational marijuana legal in Texas?
No, cannabis for recreational use is not permitted in Texas. In Texas, you are only permitted to possess marijuana if you have a prescription and buy your cannabis from a dispensary that is authorized by the state. You are restricted to the cannabis strain and dosage that your doctor recommends.
What products can registered patients and caregivers legally possess?
Anything sold by dispensaries, which are located in cities like Dallas, Houston, and Austin, is legally possessible by qualified patients. Texas dispensaries are currently allowed to sell products with a maximum 1% tetrahydrocannabinol (THC) concentration, including gummies, lozenges, beverages, capsules, tinctures, derivatives, and topical applications.
Authorized dispensaries offer different cannabis strains and different product lines. To find the products that will help you manage your symptoms the best, you should comparison shop.
What products are illegal for registered patients and caregivers to possess?
You are not permitted to possess more than 2.5 ounces of marijuana in a 14-day period unless you have a DPH waiver saying that a physician has verified that you require more than 2.5 ounces of cannabis to manage your medical condition.
Possession of more than 5 marijuana plants is a felony, even for those who have a medical marijuana card. You are also not permitted to possess another patient’s medical marijuana.
What products are illegal for registered patients and caregivers to possess?
You are not allowed to have any type of smokable cannabis, including cannabis flowers, vape pens, or cartridges. You are not allowed to keep or grow cannabis plants either.
Is there a limit on the amount of product a patient can possess?
When they write your prescription, your doctor will determine your spending cap. Tell your doctor everything you can about the scope and intensity of your symptoms. By doing this, they can be sure to administer the right dosage.
The dispensary will make sure your purchases are in line with your prescribed limit using the CURT system, which is used to manage the prescription.
Does Texas offer out-of-state reciprocity?
No, it is only lawful to buy and possess medical marijuana as a permanent resident of Texas with a valid prescription and enrollment in the CURT program. Even if you have a medical marijuana card issued by another state, you are still subject to all Texas possession laws.
Can you get a medical marijuana card with a felony in Texas?
If you have a felony, Texas does not bar you from obtaining a prescription for medical marijuana. Any Texan who meets the program’s eligibility requirements and is certified by a licensed physician is eligible.