Is Marijuana Legal in Texas?

is marijuana legal in texas
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Despite several attempts at legalizing marijuana in Texas, the Lone Star State remains one of the most conservative states with harsh penalties just for possession of marijuana. Medical marijuana became somewhat legal in 2015 through the Texas Compassionate Use Program. Sadly, the Compassionate Use Program is highly restrictive. Texans with qualifying conditions are allowed to use CBD oil with 0.5% THC and 10% Cannabidiol. Learn more about marijuana laws in Texas below. 

Is weed legal in Texas?

No. The possession of any amount of marijuana is illegal in Texas. 

When will weed be legal in Texas?

Well, there have been records of several marijuana bills introduced this year alone. However, most of them have died naturally. There is no timeline in sight for when Texas will legalize marijuana. 

Are edibles legal in Texas?

No. The consumption of edibles infused with THC is very illegal in Texas. It is considered a felony and could result in up to 2 years imprisonment, depending on the amount.

Is medical marijuana legal in Texas?

Yes, medical marijuana is legal in Texas. However, it is limited to patients with medical conditions like:

  • Seizure disorders
  • Epilepsy 
  • Spasticity 
  • Multiple Sclerosis
  • Terminal Cancer
  • Autism
  • Amyotrophic Lateral Sclerosis (ALS)
  • Incurable neurodegenerative disease  
  • Parkinson’s Disease

Under Texas’ Compassionate Use Program (CUP), a licensed medical professional can prescribe high CBD cannabis containing 10% cannabidiol with no more than 0.5% THC to patients with these medical conditions. 

How to get medical marijuana in Texas

There is currently no legal way to purchase medical marijuana in Texas. However, patients with the qualifying conditions can buy CBD oil in any of the three available state-licensed dispensaries.

Can I go to a dispensary without a card in Texas?

The process of purchasing low THC in Texas is quite tedious. Under the Compassionate Use Program (CUP), Texas does not issue medical marijuana cards. Patients can only proceed to dispensaries to buy low THC with a CUP licensed physician’s prescription. 

How long does it take to get your medical card in Texas?

Currently, no medical cards are being issued in Texas as medical marijuana is still somewhat illegal. However, the Texas Department of Public Safety developed a database system called Compassionate Use Registry of Texas (CURT). 

Under the Compassionate Use Registry of Texas (CURT) system, a CUP licensed physician, after evaluation and confirmation of the patient’s identity, prescribes a low THC Cannabidiol oil. Then the physician proceeds to register the prescription into the database. Once the patient’s medication is registered, they can select any state-regulated dispensary to receive the drug. 

Does Texas accept out-of-state MMJ cards?

Unfortunately, only permanent residents with a valid prescription can purchase low THC doses in Texas. 

Marijuana bills/laws in Texas & key questions

Since 1931, marijuana has been illegal in Texas. In 2015, Governor Abbot signed the Compassionate Use Act into law. The Compassionate Use Act allows patients with only epilepsy to access CBD oil with less than 0.5% THC. Subsequently, Texas signed House Bill 3703 into law. This bill expanded the list of medical conditions to include multiple sclerosis, Parkinson’s disease, and Lou Gehrig’s disease or Amyotrophic Lateral Sclerosis (ALS). 

In 2019, State Rep. Joe Moody introduced  House Bill 63. The bill would have prevented the police from arresting Texans for possessing one ounce of marijuana or less. It would have lowered the possession of marijuana from a Class B misdemeanor to a Class C misdemeanor with a maximum of $500 fine and no jail time. The House approved the bill with a 103-42 vote. However, the measure was declared dead after a couple of hours by Lt. Governor Dan. Patrick. 

How much marijuana can I have in Texas? (in oz)

Possession of any amount of marijuana is illegal in Texas. So there is no maximum or minimum limit to possess. However, patients are allowed to have any amount of low THC as prescribed by a physician. 

Is Marijuana decriminalized in Texas?

No. Recreational and medical use of marijuana remains illegal in the Cowboy State. 

Is there a fine or penalty for marijuana possession in Texas?

Yes. There are stiff penalties for the possession of marijuana in Texas. For example, the possession of two ounces or less is a misdemeanor punishable by 180 days in prison and a maximum fine of $2000. 

How many cannabis plants per household in Texas?

Home cultivation of marijuana in Texas is considered a crime of possession. Therefore, it is still illegal.

Texas dispensaries regulations

The Texas Department of Public Safety (DPS) regulates the administration of Low THC to patients. Currently, there are only three licensed dispensaries in Texas, and they are not accepting new applications. 

Texas growers regulations

The Department of Agriculture issues licenses to facilities to produce consumable hemp products that contain CBD. They are authorized to oversee the inspection of industrial hemp crops in Texas. 

Closing thoughts

A recent poll shows that most Texan voters are ready to legalize marijuana for recreational and medicinal purposes. As Texas border states Arkansas, Oklahoma, and New Mexico continue to reform their cannabis laws, Texas has remained firm in its hostility against any legalization of marijuana. Perhaps the power of voters could eventually come to the fore here and count towards legalizing cannabis in the state.

We are NOT legal advisers. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice, should not be construed as legal advice nor relied upon as such.
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