Is Medical Marijuana Legal in Texas? Understanding the State’s Cannabis Laws

The legal landscape surrounding cannabis, including CBD and other related products, has undergone significant changes in the United States over the past decade. Texas, in particular, has specific laws and regulations governing the use of cannabis.

Texas’s Compassionate Use Program (CUP) permits certain physicians to prescribe low tetrahydrocannabinol (THC) cannabis for medical purposes. According to this program, low-THC cannabis is derived from the plant Cannabis Sativa L. and includes all parts of the plant, as well as compounds, salts, resins, oils, and derivatives containing no more than 0.5% by weight of THC.

Texas Medical Marijuana

Under the Texas Health and Safety Code, the possession and delivery of marijuana are classified as criminal offenses, with the severity of the offense varying based on the amount of marijuana possessed. Delivering a controlled substance, including marijuana, to a person under 18 is particularly penalized.

The Texas Controlled Substances Act classifies THC in penalty group 2 for the purpose of criminal penalties. The federal government, however, has its own set of guidelines and enforcement policies regarding marijuana, which sometimes conflict with state laws.

As of March 1, 2023, 21 states, along with Washington D.C., Guam, and the Northern Mariana Islands, have enacted laws allowing the recreational use of marijuana. However, Texas is not among these states, as it has not legalized recreational marijuana.

The Texas Compassionate Use Program allows the medical use of low-THC marijuana for patients with certain conditions. Patients must obtain a prescription from a physician registered with the program. These laws and regulations are detailed in Chapter 169 of the Texas Occupations Code.

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It is important for Texans to stay informed about the evolving laws surrounding cannabis use. For more comprehensive information, residents may want to consult the Texas Medical Marijuana page or the Cannabis and the Law guide available at the Texas State Law Library.

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