Texas Medical Cannabis Laws in 2023 - June 07, 2023

Hello, Texas residents! If you’re confused about Texas medical cannabis laws, you’re in the right place. We’re here to clear the fog and provide you with easy-to-understand, accurate information about medical cannabis in the Lone Star State. This article covers possession laws, cultivation, and sales taxes for medical cannabis in Texas. Let’s get started!

Medical Cannabis Possession Laws in Texas

Obtaining your medical cannabis card in Texas is the first step. But understanding the laws around possession is equally important. Here’s what you need to know:

• As a registered patient in the Compassionate Use Program, you’re allowed to possess low-THC cannabis, defined as cannabis with not more than 0.5% THC.
• The Texas DPS decides the “prescription” amount on a case-by-case basis.
• Public consumption of cannabis, regardless of THC level, is not permitted in Texas.

It’s crucial to respect these regulations to retain your status as a legal medical cannabis patient in Texas.

Home Cultivation: The Current Landscape

Now, let’s talk about home cultivation. Unfortunately, Texas does not currently permit the home cultivation of medical cannabis by patients or caregivers. All low-THC cannabis must be purchased from a DPS-licensed dispensing organization.

While we understand that this might be disappointing to some, it’s important to adhere to the state’s laws to promote safe and legal cannabis use.

Decoding Sales Taxes on Medical Cannabis

Sales taxes and medical cannabis might seem like a complicated mix, but we’re here to simplify:

• In Texas, medical cannabis is subject to standard state and local sales taxes.
• The state tax rate is 6.25%, and local taxes can be up to 2%, for a maximum total tax rate of 8.25%.
• These taxes will typically be incorporated into the final price at the dispensing organization.

Remember, prices for medical cannabis in Texas can vary depending on the form, THC content, and quantity purchased.

Your Route to Legal Medical Cannabis in Texas

You’re now equipped with a basic understanding of Texas’s medical cannabis laws.  

If you’re considering becoming a medical cannabis patient and need guidance along the way, we’re here to help. From securing your medical card to locating the right dispensing organization, we’re with you every step of the journey.

1. Diagnosis: You must have a qualifying medical condition as defined by the Texas Department of Public Safety, such as epilepsy, multiple sclerosis, or terminal cancer.
2. Find a Registered Physician: You’ll need to find a physician registered with the Compassionate Use Registry of Texas (CURT) who can prescribe medical cannabis.
3. Obtain a Prescription: If the physician determines the benefits outweigh the risks, they can prescribe low-THC cannabis.
4. Fill the Prescription: A state-licensed dispensary can fill your prescription for low-THC cannabis.

Note that only low-THC cannabis (1% or less THC, 10% or more CBD) is legal in Texas for medical use. Be sure to consult with a healthcare provider and check the most current laws.