Medical Marijuana in Texas | What You Should Know

Written by Lisa Scholfield

The State of Marijuana in Texas

Modern medical research has shown in recent years that cannabis, also known as marijuana, has many beneficial properties. Studies have suggested that using this substance can alleviate pain and help with managing symptoms of certain health conditions and other debilitating ailments.

Because of these essential merits, cannabis use has been widely accepted and practiced across America over the years. Although marijuana is currently an illegal drug under federal law, many states in the country have legalized the use of the substance to varying degrees.

Medical marijuana in Texas was made legal when the state passed the Compassionate Use Act into law in 2015. As one of the most conservative states in the US, Texas currently has a narrow marijuana law. Continue reading to learn more about where the Lone Star State stands regarding cannabis.

You Can Only Use Marijuana for Medical Reasons

Generally, marijuana is strictly regulated in Texas. The state legalized the substance to only be used medically, not recreationally. The law only allows patients with specific medical issues to access cannabis-derived products with no more than 1% tetrahydrocannabinol (THC) by weight from licensed dispensing organizations. THC is a psychoactive chemical compound of the marijuana plant that produces a sense of “high” or euphoria.

You can only buy low-THC products that are in forms that can be swallowed like tinctures, gummies, and lozenges. In addition, the nonpsychoactive component of cannabis called cannabidiol (CBD) is approved for sale as long as it contains less than 0.3% THC concentration.

You Need To Be a Qualified Patient To Access Marijuana

Texans must meet certain criteria to be able to get a medical marijuana prescription. Though there is no age limit to receive the prescription, individuals under the age of 18 may need a legal guardian.

Here are the following requirements involved to qualify for medical cannabis:

  1. You must be a permanent resident of Texas.

  2. You must be diagnosed with any of the qualifying conditions:

  • Epilepsy in all forms and other seizure disorders

  • Autism and other spectrum disorders

  • Multiple Sclerosis (MS)

  • Huntington’s Disease

  • Amyotrophic Lateral Sclerosis (ALS)

  • Terminal Cancer

  • All Cancer

  • Spasticity

  • Post-Traumatic Stress Disorder (PTSD)

  • Alzheimer’s Disease and other dementias

  • Parkinson’s Disease

  • Chronic Traumatic Encephalopathy (CTE)

  • Other incurable neurodegenerative diseases

  1. You must receive a prescription from a state-approved registered marijuana physician.

You Can Be Penalized for Marijuana Possession

Since cannabis is heavily restricted in Texas, its possession is considered a criminal offense, ranging from a Class C misdemeanor to a Class A felony. In addition, although no express law prohibits growing or cultivating marijuana in the state, this act is considered a crime of possession under the Texas medical cannabis laws.

Punishments vary and depend on the weight of cannabis found in your possession. Listed are the following penalties if caught with this offense:

  • Two ounces or less of marijuana in your possession is a Class B misdemeanor. You could be imprisoned for up to 180 days and fined up to $2,000.

  • It is a Class A misdemeanor for possessing 2-4 ounces of this substance. You can be jailed for a maximum of one year and fined up to $4,000.

  • It is a felony charge if you have with you marijuana weighing between 4 ounces and 5 pounds You can be imprisoned between 180 days and two years and fined no less than $10,000.

  • You can be charged with a felony for possessing between 5 and 50 pounds This act is punishable by 2-10 years of imprisonment and a fine of up to $10,000.

  • If you are caught with 50 to 2,000 pounds of cannabis, you can be charged with a second-degree felony. You can get 2-10 years of jail time and a $10,000 fine or less.

  • You can be charged with a first-degree felony if you are caught with more than 2,000 pounds of the substance. A jail time of 5-99 years and a fine of no less than $50,000 can be your punishment.

Although Texans have currently stringent regulations regarding cannabis use, many activists are continuously advocating for a more comprehensive and less restrictive marijuana law. Some of the reforms they are eager to push are an expanded medical program and the statewide legalization and decriminalization of cannabis in the Lone Star State.

If you want access to medical marijuana in Texas, you need to consult with a certified cannabis clinician first. That way, you can ensure that you are a qualified patient and that you won’t be compromising your overall health when you use cannabis-based products. Get a medicinal marijuana prescription from a qualified physician today.

About the author

Lisa Scholfield