What are Medical Marijuana Laws in Texas? (Updated Laws- 2023)

Home » What are Medical Marijuana Laws in Texas?
Garry Stewart
Written By Steve Brandon

November 22, 2022

What are Medical Marijuana Laws in Texas?

Texas approves only the medicinal use of marijuana. Recreational or adult use is illegal and severely chargeable. Medical Marijuana in Texas is made legal only for diagnosed patients of any age by licensed physicians in Texas State through a governmental program. Although, the concentration of weed consumption for medicinal causes is still monitored rigidly. It is essential to abide by the texas marijuana laws and regulations imposed by the legislation even when you are eligible for medical marijuana card in Texas.

Texas Medical Marijuana Laws

Texas government launched the Compassionate Use Registry of Texas (CURT), which allows medically qualifying patients can benefit from the prescribed MMJ dosage. Only patients who are permanent residents of Texas can apply for this Compassionate Use registry Texas program (CURT). It is an online system that allows licensed physicians or Texan practitioners to register their patients by recommending the appropriate amount of medical cannabis for treatment purposes – overlooked by the state’s health department.

Possession and Penalties for Violating Medical Marijuana Laws in Texas 2022

In Texas, possession of fewer than 2 ounces of cannabis or marijuana is a Class B misdemeanour. A person adjudged guilty of a Class B misdemeanour means:

  1. a fine not to exceed $2,000
  2. confinement in jail for a term not to exceed 180 days
  3. both such fine and confinement

Possession of 2 to 4 ounces of cannabis or marijuana is a Class A misdemeanour. A person adjudged guilty of a Class A misdemeanour means:

  1. a fine not to exceed $4,000
  2. confinement in jail for a term not to exceed one year
  3. both such fine and confinement

Possession of more than 4 ounces will leads to you a felony charge.

Possession of drug paraphernalia — such as bongs or pipes, but not marijuana itself is a Class C misdemeanour. A person adjudged guilty of a Class C misdemeanour means:

  1. A fine not to exceed $500


  2. and No jail provision

Texas Cannabis Cultivation Laws

Medical cannabis patients cannot grow marijuana for medicinal use at their homes. Individuals or organizations cannot cultivate weed or cannabis for medicinal or recreational use.
Only licensed growers are allowed to cultivate medical cannabis. DHS-certified dispensaries are the only ones who have the permit to cultivate low-THC cannabis for MMJ supply.


Medical marijuana (low-THC prescribed by LMHP) is legal in Texas, but no cannabis sales tax exists. There is no Weight-Based, Percentage-of-price-Based, or Controlled Substances tax for mmj in Texas.


Patients with medical conditions qualifying for medical cannabis purchase in Texas can buy for themselves if they are over 18 years of age. If not, their guardian, a social worker, or a nurse can purchase it at the dispensary with the details of the patient’s recommendation. There is no procedure to formally become a caregiver in Texas, but they must be over the age of 21 and a resident of Texas.


Medical Cannabis Texas does not support reciprocity with other states, and they do not accept medical marijuana cards or prescriptions from other states/countries. Hence, you can only use the Texas CURT program to purchase medical cannabis in Texas. Out-of-state cards are not taken into consideration.

Driving and Public Intake

Handling a vehicle with any type of prohibited drug in a person’s system could result in criminal charges – including marijuana if you are not a lawful user in Texas. Yet you could also receive a DUI for driving under the influence of legal drugs.

  1. First-time DUI offenders in Texas – a $2000 fine and up to 180 days in jail.
  2. Second-time offenders – a $4000 fine and up to one year in jail.
  3. Third-time DUI offenders – a $10,000 fine and two to four years in prison.

Employment Discrimination

The Compassionate Use Act does not include any protections for qualifying patients who treat their conditions with marijuana. The employer decides to consider the case of patients who has mmj prescription to use medical cannabis for personal reasons. An employer is not allowed to pry into the details of the health condition of an employee. Still, they can terminate or evaluate the employee’s medical marijuana usage on or off duty.

There is also no law stating that it allows the employer to expel an employee if they are under mmj prescription.

The Legality of Cannabis in Texas

It has been illegal to use or possess weed in Texas since 1931. In contrast, the drug is highly life-risking but has some medicinal benefits. In 2015, the Texas Legislature passed the Texas Compassionate Use Act, or SB 339, authorizing organizations to cultivate, process, and dispense low-THC cannabis to qualifying patients. It allowed individuals with epilepsy to purchase medical cannabis with less than 0.5% THC and a 20:1 concentration of CBD to THC. Over the years, texas marijuana laws have been amended to include more such medical conditions to allow Texan patients’ intake of medical cannabis. By the 2018 Farm Bill, hemp was made legal federally, and by House Bill 1325, which Gov. Greg Abbott signed in 2019, it was made legal in Texas, too.

Who can use Medical Marijuana in Texas?

Along with the necessity of being a permanent resident of Texas, you must be diagnosed by a licensed medical health professional (LMHP) and gain their recommendation for mmj through the CURT program. Some of the qualifying medical conditions for purchasing medical cannabis in Texas include

Recently, Post Traumatic Stress Disorder (PTSD) has also been added to this list for intake of cannabis in Texas.

Texas Medical Marijuana Certification Expiration

No registry identification card is needed, nor is there a fee to participate in the program. Regardless, the qualifying patient must undergo screening or a visit with the prescribing doctor every year to renew or decline their prescription as per the physician’s evaluation.

So, a prescription will be considered expired without the constant consulting and updating of medical diagnosis with the patient.

The Bottom Line!

It is best to note that individuals must follow the texas cannabis laws to protect themselves from penalties and imprisonment. If you are still confused with the texas marijuana law, you can contact My MMJ Doctor anytime. We work around the clock to help people for treating their medical conditions with marijuana.

3 Easy Steps To Apply For Medical Marijuana Card

Our Simple 3 Step Process For Medical Marijuana Card

1. Fill up your details in an easy 420 Evaluations form.

2. Get Evaluated by a Local MMJ doctor After Online Submission.

3. Get Approved and Receive your Recommendation In Your Email.

Looking To Apply For A Medical Marijuana Card?

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