Personal cultivation of marijuana is illegal in Brazoria County since the State of Texas considers marijuana a Schedule I hallucinogenic substance. However, licensed dispensaries are permitted by law to cultivate marijuana for the production of medical cannabis products that contain no more than 1% tetrahydrocannabinol (THC). These low-THC products may include any part of the plant, salt, preparation, resin, or oil as defined in Chapter 169 of the Texas Occupations Code.
The Texas Department of Public Safety regulates the Compassionate Use Program (CUP), which allows the cultivation, processing, and dispensing of medical marijuana for qualifying patients. On the other hand, the recreational use of marijuana remains illegal.
Texas Administrative Code Chapter 12 states that all licensed companies may only operate in their approved locations. They must have the technical and technological ability to cultivate, process, and dispense low-THC products. Furthermore, companies involved in the cultivation of cannabis should be able to keep track of all raw materials, completed goods, and any byproducts to avoid diversion or unauthorized access to or possession of these substances. Lastly, authorized access to cultivation, processing, or product storage areas should be restricted, at a minimum, by a physical barrier with a mechanical locking device that complies with life safety regulations. It must always be closed and locked when not used to enter or exit the area.
Yes, licensed dispensaries may process or manufacture cannabis in Brazoria County, as stated in Texas Administrative Code Chapter 12. All manufactured medical cannabis products should not contain more than 1% THC.
Aside from the relevant provisions under the Texas Agriculture Code, licensed dispensaries involved in the manufacture of marijuana should comply with the following:
Representative samples of all manufactured products should be tested for THC and cannabidiol (CBD) levels.
Facilities should meet the required fire, safety, and building code requirements.
The extraction system to be used should be certified as commercially manufactured, safe for intended use, and built to codes of good engineering practices, while a registered and adequately trained employee should continuously operate the whole extraction process.
Only potable water may be used to extract products.
All products must be packaged in child-resistant packaging.
Yes. Qualified patients in Brazoria County may obtain their medical marijuana prescriptions from licensed dispensaries across the state. Licensed dispensaries should be at least 1000 feet away from any private or public school or daycare center.
Employees of licensed dispensaries should register before working at a cannabis dispensary. Their responsibilities as dispensers include the following:
Before dispensing, verify that the prescription presented is for the person availing of the low-THC products.
The patient should be registered in the Compassionate Use Registry of Texas (CURT)
The prescription should match the total dose of low-THC product to be dispensed to the patient in the CURT.
Other dispensaries should not have previously filled the prescription.
After dispensing, the organization should create a record in the CURT indicating the amount of products dispensed and the date and time of dispensation.
All dispensed products may contain no more than 0.5% by weight of THC and not less than 10% by weight of CBD. Qualified patients may be able to buy edibles such as beverages, gummies, lozenges, tinctures, and lotions.
Limited licensed dispensaries are available in the entire State of Texas. To ensure access to medical cannabis, qualified patients may place their orders in advance online or through call.
For cannabis delivery, a valid ID is required to be presented by patients. If the order is picked up or received by another person, they should be registered as the patient’s caregiver, and a valid ID should be presented.
Brazoria County patients will not have a medical marijuana card since the state does not provide one. Instead, patients should follow these steps to ensure access to medical marijuana:
Search for a registered physician in the CURT who may prescribe low-THC
Patients will be evaluated by the physician and should have any of the following qualifying conditions stated in Texas Occupations Code Section 169.003:
Epilepsy or any seizure disorder
Amyotrophic lateral sclerosis
Post-traumatic stress disorder
Incurable neurodegenerative disease
If it is determined that the benefits of using low-THC will outweigh the risks, a prescription for the patient will be entered by the physician in the CURT and will be accessible to dispensaries.
Only permanent residents of Texas may be able to avail of these services. A legal guardian will be required for patients under 18 years old. For other concerns regarding the CUP, the Texas Department of Public Safety may be reached through:
Mail: Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
Texas does not impose any form of tax on medical marijuana sales. The state only generates income from the application and licensing fees collected from dispensing organizations:
Application fee: $7,356
License fee with a two-year validity: $488,520
Renewal fee: $318,511.
Registration fee for both initial registration and renewal: $530
The recreational use of marijuana remains illegal in Brazoria County, following state laws and regulations. However, several reports mention that legalizing the adult use of marijuana will greatly benefit the state’s economy. In an October 2020 report by a top-ranked national cannabis law and policy firm, an annual $2.7 billion in cannabis sales may be seen in Texas, given that more than 1.5 million adults consume cannabis monthly.
Medical marijuana became legal in Brazoria County when Texas legalized its medical use in 2015. According to the available report of the Brazoria County Sheriff's Office on the FBI Crime Data Explorer, marijuana possession offenses in the county have significantly decreased – from 137 arrests in 2014 to four in 2021. On the other hand, arrests for marijuana drug sale offenses remained at zero from 2014 to 2021.