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Learn About Marijuana In Texas

Frequently Asked Questions About Marijuana in Texas

Texas is among the largest of U.S. states by population and landmass. Sprawling cities, expansive plains, and delightful shores compliment an economy boasting $1.6 trillion worth of activity every year. The size and scale of Texas is enlivened, captured in the saying, “Everything is bigger in Texas.”

Is Marijuana Legal in Texas?

Among the most restrictive of marijuana laws, Texas has signed into law a highly-limited marijuana program. For a majority of Texans, marijuana remains illegal.

When Did Marijuana Become Legal in Texas?

The Texas Compassionate Use Act was signed into law in 2015.

Where Are the Dispensaries Located?

As of July 2018, only three cannabis dispensing locations have been licensed.

All regulated premises shall be located at least 1000 feet from any private or public school or day care center that existed prior to the date of initial license application, measured from the closest points on the respective property lines.

Are They Medical or Recreational Dispensaries?

As of July 2018, only limited medical marijuana dispensaries are legal and open.

Who Can Be A Medical Patient in Texas?

The medical marijuana program in Texas has a single medical condition approved. The Compassionate Use Program is limited by law to individuals in Texas with intractable epilepsy.

Epilepsy disorders are considered ‘intractable’ when appropriately-prescribed antiepileptic treatment options have failed to control seizures adequately.

For additional medical conditions to be added to the Compassionate Use Act, a bill must be passed through legislation. (There is no petition process at the time of this writing.)

How Do I Become a Medical Patient in Texas?

An individual can apply for a low-THC marijuana prescription given they meet the minimum criteria. These criteria include:

  • Holding permanent residency in Texas
  • Having a diagnosis of intractable epilepsy
  • A state-licensed physician will evaluate the risk and benefit to the patient if the medical use of low-THC cannabis and determine whether the benefits outweigh the costs.
  • A second qualified physician agrees with the determination.

Where Can I Consume Marijuana in Texas?

Medical patients are primarily restricted to consuming their medication within private residences.

Can I Grow Marijuana in Texas?

By Texas law, patients registered in the low-THC program cannot grow marijuana at home. Only licensed dispensing facilities can grow cannabis.

How Do I Get A Job in Texas Marijuana Dispensaries?

The Texas Department of Public Safety requires all workers seeking employment with a medical cannabis provider must meet the following criteria:

  • Be 18 years of age at minimum
  • Submit a complete set of fingerprints
  • Pass a fingerprint-based criminal history background check

Dispensing Organizations will then submit a form (RSD-52s) for all qualified employees. Once the form is received, the employee will be issued an account in the state registry. Once registered, employees are emailed a link to create their account.

Once the account has been activated, the registration expires two years after the day of issuance, unless suspended or revoked.

Is Drug Testing for Marijuana Legal in Texas?

Yes, it is legal for employers in Texas to drug test employees for marijuana. All companies with an active business license - no matter the industry - must adhere to the Texas Workforce Commission's "Drug-Free Workplace Policy."

Is Marijuana Delivery Legal in Texas?

Marijuana can be delivered by dispensing locations to registered patients.

How Do You Pay for Marijuana in Texas Dispensaries?

Marijuana, though legal for limited purposes in Texas, remains federally illegal. This disparity between state and federal law means most purchases of low-THC cannabis products will be done with cash.

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Texas Marijuana Laws

Texans have among the strictest of marijuana programs in the continental U.S., limited to a single approved medical condition. While advocates continue to lobby for a much expanded program, as of August 2018 legislators have yet to take action.

Lawmakers in the state capitol have repeatedly introduced legislation relating to marijuana, including adult-use legalization, expanded qualifying conditions beyond the current, single condition of intractable epilepsy, and the decriminalization of marijuana under certain volumes.

Several localities and cities have decriminalized marijuana within their boundaries.

In June 2015, The Texas Compassionate Use Act was signed into law. The law required the Texas Department of Public Safety (DPS) to develop a secure registry for physicians seeking to treat intractable epilepsy through the prescription of low-THC marijuana products.

The Texas Compassionate Use Act defines “low-THC cannabis” as marijuana containing 10 percent or more cannabidiol (CBD) and not more than 0.5 percent tetrahydrocannabinol (THC).

The Bill required three licensed dispensing organizations by Sept. 1, 2017. More licenses will be issued as necessary. A license allows dispensing organizations to grow, process, and dispense low-THC products to patients.

Possession Limits in Texas

The volume of low-THC marijuana patients may possess is based on the doctor’s assessment of the individual patient’s condition. Therefore, no standard possession limit is available.

If an individual who is not a patient registered is caught in possession of marijuana of up to two ounces, misdemeanor charges, a max fine of $2,000 and up to 180 days in jail are the penalties.

Possession of any marijuana concentrate is a felony criminal charge carrying up to two years in jail and up to $10,000 in fines.

Only licensed dispensing facilities can sell cannabis, and only registered patients can possess cannabis.

Growing Marijuana at Home in Texas

Only licensed dispensing facilities can grow marijuana.

According to Texas Law, all marijuana cultivation is punishable based upon the aggregate weight of the plants found. If a plant has a weight, for instance, between 5 and 50 pounds, mandatory minimum jail time of no less than two years and up to $10,000 fines.  

Marijuana and Driving in Texas

Driving while under the influence of marijuana is strictly forbidden.

Dispensary agents delivering medical marijuana to a registered patient is legal, as is a patient traveling with medical marijuana products within Texas. However, no marijuana products may be brought in or out of Texas.

Marijuana Use by Minors in Texas

Minors may register within the Compassionate Use Program, yet a primary caregiver (a parent or legal guardian) is responsible for picking up the medication from a registered dispensing facility.

Any individual caught selling marijuana to a minor is subject to mandatory minimum sentencing of two years and as much as a $10,000 fine.

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