Is medical marijuana legal in Texas?

Medical marijuana prescription with bottle and stethoscope.

Texas is one of 37 states that have legalized the use of medical marijuana. Though, Texas has more hard-line laws than other states. This is because the Texas Department of Public Safety (DPS) administers the Compassionate Use Program (CUP), which allows Texans with qualifying conditions be able to be prescribed medical marijuana. The Compassionate Use Program is designed to ensure that Texans are able to find physicians who are licensed to prescribe low tetrahydrocannabinol (THC) to qualifying patients.

Conditions that qualify for CUP:

  • Seizure disorders
  • Autism
  • Multiple sclerosis
  • Amyotrophic lateral sclerosis
  • Epilepsy
  • Terminal cancer
  • Spacity
  • Incurable neurodegenerative diseases

The medical marijuana available, low tetrahydrocannabinol, comes from the plant Cannabis Sativa L. In order for the compounds, salts, resins, oils and other derivatives to be considered low THC must be less than .5% weight of THC. In Texas, medical marijuana use is limited to swallowing rather than smoking your prescription. An additional program used in Texas is Compassionate Use Registry of Texas (CURT), which is used manage and input patient’s low THC prescriptions by the government and prescriber. In addition to prescriber use, CURT is used by dispensaries to find patient information prior to filling a prescription.

Medical Cannabis Prescription

FAQ about medical marijuana legality in Texas:

As a physician, how do I know if I am qualified to prescribe low THC?

-To become a qualified prescriber of low THC in Texas one must read Section A169.002 of Senate Bill 339  to see whether they are qualified or not.

Do I have access to CURT or is it just for providers?

-Yes! The Texas government provides access to CURT which can be found here.

When can I access CURT?

-CURT is accessible 24/7 and contains call-line for prescribers and law enforcement.

-Currently, Texas only has three licensed low THC dispensaries, Fluent, Compassionate Cultivation, and Surterra Texas, with locations across the state.

Can I grow medical marijuana in Texas?

-Texas currently does not allow any growth of marijuana whatsoever in the state.

How much marijuana can I legally possess?

-If you low THC product is without its prescription, 2 ounces and under is considered a misdemeanor charge with 180 days in jail and a fine up to $2,000, and the penalty increases with the more product found. With this in mind, make sure to keep your prescription in the same place as your product!

Does Texas have medical marijuana respirocity?

-Because Texas has laws exclusive to the state, no. This means that even if you have a prescription in another state you cannot use it in Texas.

How do I qualify for a prescription?

  • You must have a qualifying condition
  • Be a permanent resident of Texas
  • Be over the age of 18


To see if you qualify for a medical marijuana card in Texas, click here.

Interested in trying medical marijuana? Connect to a licensed physician who can help.