Is Weed Legal in Texas? Cannabis Legalization Guide (Updated – 2023)

Since marijuana for recreational purposes and adult usage is illegal in many countries, Texas also restricts the use of cannabis. In spite of that, medical marijuana in Texas is permitted. Texas strictly overlooks weed consumption and only allows low-THC marijuana to be prescribed for medical purposes. A limited governmental program has been established to register and provide medical weed to those in need.
Some municipalities have decriminalized weed, expanding cite-and-release resolutions if not outright decriminalizing. Counties/municipalities include:

• El Paso
• Austin
• Harris County
• Dallas
• Bexar County
• Travis County
• Plano

History of Legislation

The history of law surrounding medical marijuana or in general, weed, is confusing in Texas. Even though it is now permitted to use medical marijuana, the amount is severely monitored and maintained low THC.

• In June 2015 Texas Legislation passed the Texas Compassionate Use Act, or SB 339, authorizing organizations to cultivate, process, and dispense low-THC cannabis to qualifying patients.
• Governor Greg Abbott signed HB 3703, extending the qualifying conditions for medical marijuana use and eliminating the need for a second physician’s opinion and the 20-to-1 concentration requirement.

Is Delta 8 THC Legal in Texas?

The case of delta-8 is unclear. CBD businesses initially began selling delta-8 in Texas because its low THC concentration entitles it as a “lawful marijuana extract” under HB 1325. But in 2021, DSHS attempted to halt sales by classifying delta-8 as an illegal substance. In May 2021, a federal court in California ruled in a separate suit that delta-8 products fall under the legal definition of hemp — and are therefore federally legal — so long as their THC concentration remained under 0.3%.

Texas Medical Marijuana Card

CURT is a system that allows physicians to prescribe the required amounts of dosage based on the patient’s diagnosis of a qualifying medical condition. Once your evaluator, a licensed medical practitioner in Texas, finds you eligible for medical marijuana consumption, they would write a recommendation on the registry and the state will approve it accordingly. Only then the patient is permitted to purchase marijuana at the dispensaries. Remember, Texas does not recognize other states’ or countries’ medical cards and vice versa.

Qualifying conditions For Texas Medical Marijuana Card

The Texas law lists the following medical conditions as qualifying for a medical marijuana card in Texas:

• A seizure disorder (e.g. Epilepsy)
• Amyotrophic Lateral Sclerosis (ALS) aka Lou Gehrig’s Disease
• An incurable neurodegenerative disease
• Huntington’s disease
• Autism
• Cancer
• Multiple Sclerosis (MS)
• Muscular dystrophy
• Post-Traumatic Stress Disorder (PTSD)
• Spasticity, such as that caused by conditions like Parkinson’s Disease

Any other medical condition which is approved by Medical health Legislation or Department is considered to be qualified.

Possession

• For patients – Medical use is allowed only in the form of low-THC cannabis oil, less than 0.5% THC with a doctor’s approval, and less than 0.3% THC without, and at least 10% CBD.
• For non-patients – possession of 2 ounces (56.7 grams) or less of cannabis is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine for a first offense.
• Home cultivation by individuals, families, or organizations is severely punishable.

Consumption guide

As far as the law states, there are no written laws to restrict the place of usage in Texas. However, it is mindful not to smoke or consume weed in public places as smoking weed is illegal.

How to buy Medical Marijuana in Texas?

Registered patients diagnosed with qualifying medical conditions by a licensed physician can buy medical marijuana only from certified dispensaries in Texas. Moreover, CBD with low THC is only made available in DPS-licensed medical dispensaries.

Application

Telehealth services have reduced the hassle for everybody in need of medical help. To register for the CURT program, you must undergo the following process:

1. Application – Fill out the application form online with the necessary details regarding medical health.
2. Documents – Residential proof, Id proof, and Medical records are a must.
3. Verification – You should be able to connect with a licensed physician practicing in Texas and get evaluated through video conference.
4. Registration – As the final step, after the patient gets approved, you will be registered to the CURT program by the concerned physician.
   There is no physical card, in particular, to use, like in many other countries. But, The registration provides you the same coverage as a physical card.

Caregiving

Formal procedures do not exist for anyone to become a caregiver in Texas. If the qualified patient is under the age of 18, then their legal guardian or a social worker, or a nurse can purchase medical marijuana on their behalf. Caregivers must be aged 21 or over.