Texas Medical Marijuana Card Legislation
On June 11, 2015, Texas Legislature passed the Texas Compassionate Use Act, known as SB 339, which allows organizations to cultivate, process, and dispense low-THC marijuana to qualifying patients. The law also legalized the sale of low-THC, high-CBD marijuana to treat intractable epilepsy. Low-THC marijuana is defined by Texas as not containing more than 0.5% THC by weight. Ingesting low-THC marijuana by smoking is prohibited in Texas.
Texas Medical Marijuana Card Cultivation & Possession
Texas has not decriminalized marijuana, and therefore any possession of marijuana with more 0.5% THC by weight can result in criminal penalties. Possession of 2 ounces or less is considered a misdemeanor carrying a penalty of 180 days imprisonment and a maximum fine of $2,000. Cultivation of marijuana in Texas is equated to possession penalties which increase depending on the amount of marijuana in-possession and are quite severe.
The 87th Texas Legislative session changes to the Compassionate Use Program became effective on Wednesday, September 1, 2021 – HB 1535 – Expands medical conditions for which low-THC cannabis may be prescribed to include non-terminal cancer, post-traumatic stress disorder (PTSD), and those medical conditions designated by the Health and Human Services Commission as authorizing treatment with low-THC cannabis as part of an approved research program. In addition, increases maximum THC levels to 1% by weight and establishes compassionate-use institutional review boards to evaluate and approve proposed research programs to study the medical use of low-THC cannabis.
Compassionate Use Program
Permanent Texas residents with diagnosed medical conditions as noted below, will need to see a CURT registered physician to determine patient program eligibility. The CURT Physician Search is online at https://curt.dps.texas.gov/app/public/searchPhysician.xhtml
Texas Licensed Dispensaries will fulfill prescriptions statewide when prescribed by a CURT Registered Physician. This will be coordinated on behalf of the patient with the CURT physician.
CUP Medical Conditions include:
Multiple Sclerosis (MS)
Amyotrophic Lateral Sclerosis (ALS)
Post-Traumatic Stress Disorder (PTSD)
*Neurodegenerative Disease – A Definitions Link can be found at the DPS, RSD CUP landing page, Laws & Regulations Neurodegenerative Definitions
*Examples of Neurodegenerative Disease are Sclerosis, Spinal Muscular Atrophy, Muscular Dystrophy, Alzheimer’s, Parkinson’s, Neuropathy, Congenital Disorders; there are many other conditions included and a treating physician may request to have a disease added through the TX Department of State Health Services.