Yes. In Bell County, low-THC cannabis cultivation is allowed but only in licensed medical cannabis dispensaries. Low-THC cannabis is defined by CUP Section 169.001 as Cannabis sativa L. plant, any chemical, or any component of the plant that does not contain THC or tetrahydrocannabinol more than 1% by weight. Home cultivation of medical marijuana for personal use is prohibited.
Under Texas' Compassionate-Use Program (CUP), only qualifying patients with particular medical conditions are permitted to acquire low-THC cannabis prescriptions from certifying doctors. The recreational use of cannabis remains illegal in Texas.
Licensed dispensing organizations can only grow low-THC cannabis if they have experience and training in cultivation, organic chemistry and microbiology, and analytical laboratory procedures. This is pursuant to Chapter 12, Subchapter B of the Texas Administrative Code. The law also requires that low-THC cannabis be grown in a safe, enclosed facility. Under Title 21 of the Code of Federal Regulations, Section 1301.72, post-cultivation low-THC cannabis must be stored in a locked safe or lockable metal box. In addition, Texas medical marijuana law only allows patients to consume the recommended low amount of THC cannabis. Smoking or inhaling marijuana is prohibited. The Texas Occupations Code Ch.169.001 clearly defines medical use of low-THC cannabis as “ingestion of prescribed amounts by a means of administration other than smoking.”
Cannabis manufacturing is permitted in Bell County. In accordance with the Texas Controlled Substances Act, cannabis manufacturers must register with the Federal Drug Enforcement Administration in order to manufacture, analyze, possess, distribute, or dispense cannabis.
A peace officer or a representative of the Texas Department of Public Safety may also review audits or sales records at any time, and manufacturers are required to permit such inspections. Manufacturers must not interfere with the department's record-copying, audit, or thorough inspection procedures. Having said that, cannabis businesses must retain records and inventories to comply with whatever guidelines the department establishes as well as the federal law's recordkeeping requirements. All properties shall comply with Administrative Rule 12.7 and shall be at least 1,000 square feet away from any daycare or school that was open prior to the license application date.
According to Section 487.102 of the Texas Compassionate-Use Act, cannabis manufacturing companies are only permitted to operate in Texas if they meet the requirements listed below:
the technological expertise required to produce and grow low-THC cannabis
the ability to maintain responsibility for the byproducts, raw materials, and final products used and produced during the cultivation and manufacturing of low-THC cannabis in order to prevent unauthorized access to such resources and goods
the ability to secure all personnel, resources, and facilities, with a location that makes it possible for eligible patients to access the dispensing organization through the compassionate-use registry.
the financial capacity to sustain operations for at least two years after the date of license application
Yes. Cannabis may be purchased in Bell County, but only for medical purposes. According to Compassionate-Use Act Section 487.107, the dispensary must verify the following before giving low-THC cannabis to a qualified patient:
The name of the person who is listed on the registry for compassionate use
The total dosage or amount of low-THC cannabis that must be consumed
The prescription has not yet been filled or signed by another dispensary in accordance with the compassionate-use registry entry
After the low-THC cannabis has been administered to the certified patient, the dispensary must enter all pertinent data, including the date, time, and amount of low-THC cannabis delivered, in the compassionate-use register. Low-THC cannabis edibles are allowed for sale in Texas. Other forms, such as those suited for smoking or those in the form of oils, are prohibited.
According to Texas Administrative Code Chapter 12, Subchapter A, it is legal to deliver low-THC marijuana and cannabis plants between dispensing organizations. Texas Controlled Substances Act Section 481.120, however, states that it is illegal to deliver marijuana even to certified patients. Only low-THC cannabis prescriptions may be delivered by licensed dispensaries in the state of Texas.
Texas does not issue medical marijuana ID cards. Patients must instead get a prescription from a medical professional taking part in the Compassionate-Use Program. At first, the Compassionate-Use Program was exclusively open to patients with intractable epilepsy. Texas has now expanded the list of accepted medical conditions, though. The Texas Compassionate-Use Program now accepts patients who have one of the conditions listed in the Texas Occupations Code, Section 169.003:
amyotrophic lateral sclerosis
a seizure disorder
post-traumatic stress disorder
Patients may be provided with low-THC cannabis if the following conditions are met:
Texas is the patient's home state
The patient is suffering from a qualifying medical condition
A registered practitioner prescribes medical cannabis, believing that the benefit outweighs the danger
To apply for the Compassionate-Use Program (CUP), you must first:
Find a CUP Registered Physician in Bell County and give proof of a qualified medical condition.
Request that your doctor submit your prescription to the Texas Compassionate Use Registry (CURT)
Pick up your prescription from a licensed dispensary once your application has been approved by a licensed physician
Prescriptions for low-THC cannabis can be obtained by patients of any age. Legal guardianship may be required for patients under the age of 18.
Remember to bring a valid ID with your name, age, Social Security number, and date of birth to the dispensary.
For more details about CUP, you may contact:
Texas Department of State Health Services
Community Health Improvement Division
Health Promotion and Chronic Disease Prevention Section
PO Box 149347 Austin, TX 78714-9347
1100 West 49th Street
Austin, TX 78756
Phone: (512) 458-7111
Texas continues to ban the recreational use of marijuana, and there is no state sales tax in place at the moment for medical marijuana. Still, the state charges license and application fees to medical marijuana retailers.
According to a survey on the legalization of recreational marijuana conducted by the University of Texas at Austin in June 2021:
13% thought that marijuana possession must always be prohibited
27% thought marijuana possession should only be done for legal purposes
31% thought it should be acceptable to use marijuana in small doses for any purpose
29% thought it should be okay to possess marijuana in any quantity for any purpose
The majority of Texans may or may not support the legalization of marijuana for recreational use and it is still yet to be seen whether Texan lawmakers intend to do so. If Texas eventually adopts and upholds regulations governing its use, its economy will definitely gain more from recreational marijuana sales and earnings, which is similar to other states that permit it.
The FBI crime report demonstrates that the Bell County Sheriff's Office's data for the years 2014, 2015, and 2016 shows an increasing amount of DUI cases, from 32 to 35 and 41 instances, respectively. The number of marijuana-related arrests also increased from 12 to 23 and 43 cases in 2014, 2015, and 2016, respectively.
Note that Texas legalized low-THC medical cannabis in 2015.