Texas Medical Cannabis Laws: Complete Legal Guide
Texas regulates medical cannabis through the Texas Compassionate Use Act, originally passed as Senate Bill 339 in 2015 and codified in Texas Health and Safety Code Chapter 487. The program has been expanded several times, most recently by House Bill 46 (89th Legislature) effective September 1, 2025.
Is Marijuana Legal in Texas?
Recreational marijuana remains illegal in Texas. Only patients with qualifying medical conditions who are registered in the Compassionate Use Registry may legally possess and use low-THC cannabis products.
Texas has NOT legalized recreational cannabis. Possession of marijuana outside the medical program carries significant criminal penalties under Texas Health and Safety Code Chapter 481.
Texas Compassionate Use Program Overview
The Compassionate Use Program is administered by the Texas Department of Public Safety (DPS). Key program details include:
- Program Administrator: Texas DPS Regulatory Services Division
- Official Website: dps.texas.gov/section/compassionate-use-program
- Legal Authority: Texas Health and Safety Code Chapter 487
- Prescribing Rules: Texas Occupations Code Chapter 169
- Administrative Code: 37 TAC Part 1, Chapter 12
Qualifying Medical Conditions
Under Texas Occupations Code Section 169.003, physicians may prescribe low-THC cannabis to patients diagnosed with:
- Epilepsy (original 2015 condition)
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- Incurable neurodegenerative diseases
- Post-traumatic stress disorder (PTSD)
- Chronic pain (added by H.B. 1535, 2021)
- Traumatic brain injury
- Crohn's disease or inflammatory bowel disease
- Terminal illness or hospice/palliative care patients
- Conditions approved for research programs
What is Low-THC Cannabis?
Texas defines "low-THC cannabis" in Section 169.001 as the plant Cannabis sativa L. containing:
- No more than 1% THC by weight (increased from 0.5% by H.B. 1535)
- 10% or more cannabidiol (CBD)
Products may NOT be smoked. As of September 2025 (H.B. 46), aerosolized/vaporized administration via approved medical devices is permitted.
Prescription Requirements
Under Section 169.003, prescriptions must:
- Provide no more than a 90-day supply
- Allow up to four refills of a 90-day supply
- Be entered into the Compassionate-Use Registry before dispensing
- Cannot exceed 1 gram of THC per package or medical device
Dispensing Organizations
As of H.B. 46 (2025), Texas allows 15 licensed dispensing organizations statewide. These organizations are the only entities permitted to cultivate, process, and dispense low-THC cannabis to registered patients.
H.B. 46 also permits satellite locations for expanded patient access, with at least one location required in each public health region before additional locations can be added.
Penalties for Possession Without Authorization
Possession of marijuana outside the Compassionate Use Program carries serious criminal penalties under Texas Health and Safety Code Chapter 481:
| Amount | Classification | Penalty |
|---|---|---|
| ≤ 2 oz | Class B Misdemeanor | Up to 180 days jail, $2,000 fine |
| 2-4 oz | Class A Misdemeanor | Up to 1 year jail, $4,000 fine |
| 4 oz - 5 lbs | State Jail Felony | 180 days - 2 years state jail, $10,000 fine |
| 5-50 lbs | 3rd Degree Felony | 2-10 years prison, $10,000 fine |
| 50-2,000 lbs | 2nd Degree Felony | 2-20 years prison, $10,000 fine |
| > 2,000 lbs | Enhanced Felony | 5-99 years or life, $50,000 fine |
THC Concentrates: Possession of ANY amount of THC concentrate (hash oil, wax, etc.) outside the medical program is a state jail felony.
Penalties for Distribution
Distribution/delivery of marijuana carries enhanced penalties under Texas Health and Safety Code Section 481.120:
- < 1/4 oz (gift): Class B Misdemeanor
- < 1/4 oz (sale): Class A Misdemeanor
- 1/4 oz - 5 lbs: State Jail Felony
- 5-50 lbs: 2nd Degree Felony (2-20 years)
- 50-2,000 lbs: 1st Degree Felony (5-99 years or life)
- Sale to minor: Enhanced penalties
Cultivation Laws
Personal cultivation is illegal in Texas. Under Texas Health and Safety Code Section 481.121, cultivation is treated the same as possession and is punishable based on the weight of the plants.
Only licensed dispensing organizations may cultivate cannabis for the Compassionate Use Program.
Driving Under the Influence
Driving while intoxicated by cannabis is prohibited under Texas Penal Code Section 49.04. This applies to ALL cannabis use, including medical patients.
Texas uses a zero-tolerance impairment standard for cannabis DWI (no legal limit like alcohol's 0.08% BAC).
DWI Penalties:
- 1st offense: Class B Misdemeanor (3-180 days jail, up to $2,000 fine)
- 2nd offense: Class A Misdemeanor (30 days - 1 year jail, up to $4,000 fine)
- 3rd offense: 3rd Degree Felony (2-10 years prison, up to $10,000 fine)
Legislative History
| Year | Legislation | Key Changes |
|---|---|---|
| 2015 | S.B. 339 | Original Compassionate Use Act (epilepsy only, 0.5% THC) |
| 2019 | H.B. 3703 | Expanded conditions (autism, terminal cancer, MS, ALS, Parkinson's, etc.) |
| 2021 | H.B. 1535 | Added PTSD, chronic pain, all cancers; increased THC to 1% |
| 2025 | H.B. 46 | 15 licenses, satellite locations, pulmonary inhalation devices |
Hemp and CBD Products
Texas legalized hemp under H.B. 1325 (2019), aligning with the 2018 Federal Farm Bill. Hemp products must contain less than 0.3% delta-9 THC to be legal.
The Texas Department of State Health Services regulates hemp products through the Texas Hemp Program.
Key Resources
- Texas DPS Compassionate Use Program: dps.texas.gov/section/compassionate-use-program
- Laws & Regulations: dps.texas.gov/section/compassionate-use-program/laws-regulations
- Licensed Dispensaries: Available on the DPS website
- Health & Safety Code Chapter 487: statutes.capitol.texas.gov
- Occupations Code Chapter 169: statutes.capitol.texas.gov
This information reflects Texas cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.