Photo by Adrian Newell
Is Medical Marijuana Legal in Texas?
Currently, medical marijuana in Texas is legally available in the form of low-THC cannabis and products. It’s restricted to patients with qualifying medical conditions and there are legal limitations to the strength of THC in these products.
Many states begin the marijuana legalization process with low-THC products before branching out into full-grade cannabis before recreational cannabis legalization is even considered.
This post will explore the laws so you can know:
- Can you get a medical card in Texas?
- How to obtain medical marijuana in Texas?
- Plus, a few other commonly asked questions.
If you’re curious about obtaining medical marijuana this post will simplify some of the laws so you know the lay of the land in the Lonestar State. Before diving into the how, let’s look at what the cannabis laws look like in Texas and how they might work for you or what to be wary of.
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Texas Medical Marijuanas Laws in 2024
In 1915, El Paso was the first US city to ban marijuana and by 1931 cannabis was outright prohibited, labeled a narcotic and possession could lead to felony charges. Much of the legislation in later years was pulling back some of these extreme laws.
It wasn’t until 1973, when the state passed House Bill 447 which downgraded some of the harshest laws in the state. Marijuana offenses were considered felonies and even a small possession charge could carry prison time and in some cases life sentences. Various legal changes adjusted these laws to make them match the rest of the country.
In 2015, the Texas Compassionate Use Act (Senate Bill 339) legalized the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy. This would be a major shift for the state. In 2019, House Bill 3703 would expand the qualifying conditions and establish a more robust medical marijuana program.
In June 2021, HB 1535 raised the THC limit from 0.5% to 1% which was helpful for some conditions. In 2023, House Bill 1805 shifted the percentage to a 10 milligram dose which is similar to most states with legal medical or recreational cannabis. Obtaining medical marijuana in Texas can be easy. For more information on Texas cannabis laws check out this post.
Texas Recreational Marijuanas Laws in 2024
In 2019, after establishing their medical marijuana program, Texas also enacted House Bill 1325 which put Texas cannabis in a murky place a bit like the Wild West. It’s created what’s even been described as an “unregulated drug market.”
The reason, while recreational cannabis remains illegal, this law legalized any cannabis products derived from hemp. It scientifically legalized with Hemp, CBD, Delta-8 THC, Delta-9 THC, and THCa all being legal if they’re derived from hemp.
While there are legally sanctioned medical marijuana dispensaries there are also a large number of hemp dispensaries circulating THC based products. So how exactly is that possible and what does that mean?
Cannabis remains illegal federally with states deciding what is legal and illegal with regards to cannabis. The 2018 Farm Bill federally legalized and defined hemp as anything with less than 0.3% THC. This established a whole market of not-quite-cannabis products like delta-8, delta-9 and delta-10 flooding states.
Scientifically, delta-9 is the contentions THC compound that’s psychoactive and gets you high. This is the main sticking point for cannabis criminalization. However, if it’s legally harvested from hemp then it’s technically legal. Legalizing THCa is even more complicated politically.
Chemically, all cannabinoids come from CBG (Cannabigerol) and heat and light can trigger transformations into THC or CBD. Also cannabinoids also have acid forms that when heated can be processed by the body. This is why people smoke weed or cook edibles.
Naturally, THC exists as THCa so when heated it becomes the THC that gets you high. Too much light or low level heat can turn THCa/THC into CBN (cannabinol) which is more likely to make you tired than high.
What’s a little wild is the legal status of THCa essentially legalizes weed as long as it doesn’t have a high concentration of THC. It’s the acid that precedes THC and when you smoke it it becomes THC.
This essentially creates a scenario where cannabis is legal before you smoke it. However, this is not clear cut at the state level and some of the laws regarding decriminalization are iffy making it potentially problematic and can put you at risk for partaking if you’re in the wrong part of Texas.
Texas has retained some strict anti-THC laws in some areas so engaging with these products should be at your own risk. You can go to an herbal dispensary and purchase something and if you use it you could face charges because it now contains THC.
There’s also a potential health risk. Part of the benefits of legalization are income from cannabis coming into the state as taxes, proper infrastructure for how people obtain cannabis, the regulation of who can sell it, and adequate testing of products.
Some of the cultivation of not-quite-THC products like delta-8 or delta-10 THC, especially made from hemp, can involve harsh chemicals or expose you to chemical remnants. Some of these products you are using at your own legal or health risk and while they may be able to get you high there’s no regulation over these products.
Sales of hemp are monitored by the Texas Department of State Health Services. Timothy Stevenson, associate commissioner for consumer protection at the agency recently testified before a legislative hearing that there are only four inspectors visiting the more than seven thousand registered hemp dispensaries.
There’s no telling if Texas will legalize cannabis but it seems like there could be a greater benefit because tax revenue from sales can more greatly serve the community and the regulation and testing of these products. This would also bring more jobs and regulation. It’s important to also know that decriminalization is not legalization and that will be covered in the Frequently Asked Questions below.
Texas Medical Marijuana Card Requirements & Limitations:
Despite this somewhat liberal relationship with hemp, there are requirements and limitations to legally access medical marijuana in Texas. If you’re looking to use cannabis for medical purposes you may want to rely on medical marijuana that’s been adequately tested and regulated to avoid inaccurate dosing or potential contamination exposure.
The requirements and limitations for medical marijuana in Texas are:
- Patients must be a permanent resident of Texas
- The patient must have a qualifying condition
- Your physician must be registered with the Compassionate Use Program
- Your physician must decide the benefit outweighs any risk
- There are no age limits but patients under 18 need a legal guardian.
Luckily, Green Health Docs has doctors listed in the Compassionate Use Program and wants to make the process simple. We’ll outline that process but first let’s review the medical conditions that qualify for a medical marijuana card in Texas.
What Conditions Qualify For a Medical Card in Texas?
Legally, access to medical marijuana is limited to qualifying conditions that are state-approved. They get decided by the Texas government. In Texas, the conditions that qualify are:
- Epilepsy
- Seizure Disorders
- Multiple Sclerosis
- Spasticity
- Amyotrophic Lateral Sclerosis
- Autism
- Terminal Cancer
- Incurable Neurodegenerative Disease (including Alzheimer’s and Parkinson’s Disease for a clearer description you can read more here)
Photo by Yigithan Bal
How to Obtain a Medical Marijuanas Card in Texas
Obtaining your medical marijuana card in Texas is fairly simple thanks to Green Health Docs.
1. Schedule an Appointment with a Green Health Docs provider
Fill out this form or call/text us at 240-356-1000.
2. Meet with Your Provider.
If approved, your provider will enter you directly into the Compassionate Use Registry (CURT) the same day.
3. Visit a Dispensary to Purchase Medical Marijuana
Patients or legal guardians must provide ID and patient’s last name, date of birth, and the last five digits of their Social Security Number.
The time it takes to get your approval can be 24 hours from your appointment.
Texas Medical Marijuanas Card FAQs
This section collects some of the most common questions about medical marijuana and the law in Texas.
Is Marijuana Decriminalized In Texas?
Marijuana is decriminalized in some areas of Texas. Much of Texas’s cannabis history has been downgrading some of its more excessive laws and it still remains a Class B misdemeanor, which can result in up to 180 days in jail, a fine of up to $2,000, and a criminal record.
Marijuana is decriminalized in small amounts in cities like Austin, Houston and Harris County and San Antonio and Bexar County. They have legislation to avoid the detaining of people for cannabis related crimes.
How Much Is A Medical Marijuana Card In Texas?
Currently, there is no medical marijuana card. A CURT approved physical will simply enter your recommendation into the system and you will be able to access your medical marijuana recommendation from any Texas medical marijuana dispensary.
Will An Oklahoma Medical Marijuana Card Be Accepted In Texas?
No, currently, Texas does not have any relationships with any states including Oklahoma. What can be confusing is that Oklahoma has reciprocity with Texas for handgun licenses. Also, Oklahoma allows out of state licenses so you can potentially use your medical marijuana recommendation in Texas.
Does Texas Have Medical Marijuana Reciprocity?
No, your out-of-state medical marijuana card is not valid in Texas. Access to medical marijuana is exclusively available to Texas residents.
Can You Grow Medical Weed In Texas?
Growing medical marijuana in Texas is restricted to individuals with a dispensing organization license. However, as of now, the state is not accepting new applications for CUP dispensing organization licenses. The most recent application submission period concluded on April 28, 2023. Additionally, there are regulations for obtaining a dispensing organization license including having all employees 18 years of age or older and registered with the Texas Department of Public Safety.
Can I Travel To Texas With Medical Marijuana?
Only patients with a medical marijuana recommendation in Texas are eligible to purchase and use medical marijuana. Additionally, traveling to and from Texas with marijuana still remains illegal on the federal level and can open you up to a potential legal issue.
While in some areas cannabis may be decriminalized, this does not mean that you are legally in the right to carry medical marijuana and despite being a legal patient you can open yourself up to legal issues.
Final Thoughts
Texas is in an interesting place legally with regard to cannabis. If you have a medical need for cannabis it’s best you seek out medical marijuana which is regulated and you can obtain it with a simple meeting with a doctor. Green Health Docs makes it easy to find a doctor near you and get your Texas medical marijuana card. Then you can obtain legal medical marijuana while avoiding any potential legal issues or untested cannabis.
This article has been reviewed by Dr. Anand Dugar, an anesthesiologist, pain medicine physician and the founder of Green Health Docs. Graduating from medical school in 2004 and residency in 2008, Dr. Dugar has been a licensed physician for almost 20 years and has been leading the push for medical cannabis nationwide.