Yes, cannabis cultivation is legal in Aransas County, but only for low-tetrahydrocannabinol (THC) cannabis for medical use. Low-THC cannabis is defined by the Texas Occupations Code Sec. 169.001 as having a maximum of 1% THC according to weight. The Texas Health and Safety Code Chapter 487 contains the laws that govern medical cannabis cultivation in the state and created the Texas Department of Public Safety’s (DPS) Compassionate Use Program (CUP) in 2015. According to Section 487.201 of the Health and Safety Code’s Chapter 487, counties and municipalities are forbidden from prohibiting licensed low-THC medical cannabis cultivation.
To cultivate low-THC medical cannabis, a company must apply to the Texas DPS CUP for a medical cannabis dispensing organization license. This license covers medical cannabis cultivation, manufacturing, and retail sale. According to Texas Administrative Code Chapter 12, licensed medical cannabis cultivators can only be located in zones approved for such use. The cultivation must be done only indoors in a secure and enclosed building. Applicants are required to show proof of having the technical and technological capacities for growing low-THC medical cannabis.
Licensed medical cannabis cultivators are mandated to monitor and inventory their plants, raw materials, manufactured products, and byproducts. They must ensure the prevention of illegal access, theft, and diversion of medical cannabis and medical cannabis products by implementing a strict security system. A strong physical barrier with a mechanical lock complying with regulations on life safety must restrict entry to areas for cultivation, manufacturing, or storage. These areas must be kept locked except during authorized entry or exit.
Yes, cannabis manufacturing is legal in Aransas County, but only to manufacture medical cannabis products containing low-THC cannabis as defined by the Texas Occupations Code Sec. 169.001. The Texas Health and Safety Code’s Chapter 487 further states that only licensed manufacturers are allowed to do so. Section 487.201 of Chapter 487 forbids counties and municipalities from banning licensed low-THC medical cannabis manufacturing.
To manufacture low-THC medical cannabis products, a company must also apply to the Texas DPS CUP for a medical cannabis dispensing organization license. Applicants must prove that they have the necessary technological and technical know-how for medical marijuana products manufacturing. They must also be able to grow their own medical cannabis to be used in manufacturing.
Licensed medical marijuana manufacturers are required to implement the strictest security measures to protect their manufactured goods, raw materials, and production waste products from illegal access. All medical cannabis waste must be destroyed.
The licensed medical marijuana manufacturer must comply with the applicable regulations of the Texas Agriculture Code. Additionally, the following must be strictly followed:
The licensed medical marijuana manufacturing facility must comply with all relevant requirements related to the building code, fire, and safety.
The licensed medical marijuana manufacturer must use only potable water in extracting medical cannabis.
The whole cannabis extraction process must be managed by a properly trained and registered individual.
The licensed medical marijuana manufacturer must have a certificate proving that its medical cannabis extraction system is designed for commercial manufacturing, is safe, and was developed according to the accepted principles of engineering.
From every batch of manufactured medical marijuana products, samples must be tested to determine the THC and cannabidiol (CBD) concentrations of the contents.
The licensed medical marijuana manufacturer must use child-resistant containers for all its medical cannabis products.
Yes, selling cannabis by retail is legal in Aransas County but, in compliance with Chapter 487 of the Texas Health and Safety Code, this is restricted to CUP-licensed medical cannabis dispensing organizations selling low-THC medical cannabis and low-THC medical cannabis products. Licensed dispensaries are only allowed to sell to registered patients of the Compassionate Use Registry of Texas (CURT) or the patients’ legal guardians. Chapter 487’s Section 487.201 states that counties and municipalities are not allowed to prohibit licensed medical cannabis retail.
Texas Occupations Code Ch. 169.001 forbids the sale and use of medical cannabis in smoked forms. Apart from those, a licensed medical cannabis dispensing organization is allowed to sell all other forms of medical cannabis, and medical cannabis products provided these contain no more than 0.5% THC and no less than 10% CBD. These include medical cannabis oils, tinctures, lozenges, and edibles, among others.
A licensed medical cannabis dispensing organization is required to have the scientific expertise necessary in dispensing medical marijuana. CURT registration is required for all its staff members, managers, and directors. This necessitates fingerprinting and a criminal background check. The licensed medical cannabis dispensing organization’s facility must be at least 1,000 feet away from a private or public school or daycare establishment.
The licensed medical cannabis dispensing organization must comply strictly with the following duties:
● The patient’s identity must be confirmed through a valid government-issued photo ID.
● Online verification proves that the patient is registered in the CURT.
● The patient with the prescription in the CURT, or the patient’s legal guardian, is the one making the purchase.
● No other dispensary has filled the prescription yet.
● The current purchase of medical cannabis and medical cannabis products corresponds to the dosage indicated in the patient’s written order.
● The purchase date and time
● The total quantity of low-THC medical marijuana or medical marijuana products purchased
Yes, cannabis delivery is legal in Aransas County but, as stipulated by Chapter 487 of the Texas Health and Safety Code, only licensed dispensaries can deliver the low-THC medical cannabis and medical cannabis products purchased by CURT-registered patients or their legal guardians. Section 487.201 of Chapter 487 does not allow counties and municipalities to prohibit licensed dispensaries from making such deliveries.
Because not all patients have easy access to a nearby licensed medical cannabis dispensing organization facility, patients or their legal guardians are permitted to order by phone or online and have their medical cannabis prescriptions delivered. When receiving an order, the licensed medical cannabis dispensing organization must verify the patient’s CURT registration and prescription. When doing the delivery, the staff of the licensed dispensary must first ask the patient or legal guardian for a valid government-issued photo ID for identity confirmation.
The Texas DPS CUP does not issue a physical medical marijuana card. Residents of Aransas County must instead register as a patient in the online CURT and then show a valid government-issued photo ID showing their surname, date of birth, and Social Security number’s last five digits when making a medical cannabis purchase.
CURT registration is free. Law enforcement agencies will have access to applicants’ data. To be eligible for CURT registration, an applicant must be a permanent resident of Texas and have any of these medical conditions:
Post-traumatic stress disorder
Amyotrophic lateral sclerosis
Incurable neurodegenerative disease
The applicant must be diagnosed by a CUP-registered physician. Once a diagnosis is made, the patient must sign the informed consent document to allow the doctor to enter the patient’s identity and medical cannabis prescription into the online CURT. The patient can only have one subscribing doctor. Patients who are minors need to have their legal guardians also registered in the CURT to assist in purchasing their medical cannabis prescription.
For further information, the following may be contacted:
Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
According to the Low-THC Cannabis Program Administrative Rules of Texas, there are no sales taxes for medical cannabis. Any income received by the state from medical cannabis comes from license fees charged to medical cannabis businesses. The medical cannabis business license application fee is $7,356. The registration fee upon acceptance of the application is $530. Furthermore, there is a license fee of $488,520. This is also payable upon renewal every two years in addition to a renewal fee of $318,511.
Medical cannabis was legalized in the State of Texas in 2015. According to data from the Aransas County Sheriff's Office on the FBI’s Crime Data Explorer page, in 2014, there were 23 arrests related to marijuana offenses, of which 21 were for marijuana possession, and 2 were for marijuana manufacturing or sales. In 2020, this decreased to 11 arrests related to marijuana offenses, all of which were for marijuana possession.
There were 17 DUI arrests in 2014. This increased to 18 DUI arrests in 2020.