Yes. Cannabis cultivation done by licensed dispensing organizations is allowed in Brazos County. The Texas Compassionate Use Program (CUP), however, only allows the production of low tetrahydrocannabinol (THC) cannabis extracted from cultivated cannabis plants. Low-THC is derived from the Cannabis Sativa L. plant. Products considered low-THC are all parts of the plant and any resulting salts, compounds, oils, resins, and derivatives which contain not exceeding 1% by weight of THC and not less than 10% by weight of CBD.
The facilities and physical areas used by cultivators are regulated premises by the Texas Department of Public Safety (DPS). Licensees may only perform regulated functions at a location approved by the DPS. Any research or development outside the scope of cultivating or producing low-THC cannabis is prohibited. Authorized cultivators do not give their employees the license to violate the “Drug-Free Workplace Policy” implemented by the Texas Workforce Commission.
Recreational use and possession of marijuana remain illegal in the state, such that growing your cannabis plant at home or outdoors is prohibited. However, outdoor cultivation by licensed cultivators was not expressly prevented by marijuana laws in Texas. Low-THC Cannabis Program Administrative Rules only provide that facilities must be secured and away from unbridled access. Cultivation in an enclosed and secured building offers enough protection against the diversion of raw materials or low-THC cannabis used in by-products made by producing or cultivating low-THC marijuana.
Yes. Dispensing organizations are authorized to cultivate, process, and dispense low-THC cannabis. As of February 2023, only three (3) organizations are licensed by the DPS. This number was based on a correlation between other states’ medical marijuana programs, the number of Texas patients diagnosed with intractable epilepsy, and state laws.
According to Texas Health and Safety Code Sec. 487.201, the applicant must have the technical and technological ability to be eligible to cultivate and manufacture low-THC products. They must also have the ability to secure resources, personnel, and premises with convenient access to patients, the ability to maintain accountability for the raw materials, finished products, and by-products used, and lastly, the financial ability to maintain operations for up to two years.
Low-THC cannabis manufacturers must apply the best practices to limit contamination of their products from metals, residual solvents, bacterial diseases, fungus, mold, pests, rot, mildew, pesticides, and other harmful contaminants. In case the tested products are defective, or their use has adverse health consequences, manufacturers must notify the persons to whom the products were sold and recall their products.
Yes. Dispensing organizations may sell to patients eligible under the Compassionate Use Registry of Texas (CURT) and to legal guardians on behalf of the patients. State laws do not allow the sale of cannabis to recreational users. Patients of all ages are permitted to purchase low-THC cannabis. However, minors may need their parents or legal guardians to buy for them.
Only low-THC cannabis products may be sold or dispensed to patients. Each product must not contain more than 1% by weight of THC and not under 10% by weight of CBD. All other by-products must be disposed of. Swallowing these substances is the prescribed form of administration. The law prohibits smoking low-THC cannabis products.
Dispensaries shall be at least 1,000 feet from any public or private school or daycare center.
Yes. Patients may choose to have their prescriptions of low-THC cannabis delivered to their homes. Delivering the medications is delegated to the employees of the dispensaries. They may contact the dispensing organizations to know their mode of delivery. Patients and legal guardians may also opt to fill their prescriptions over the counter.
Dispensaries shall require that the low-THC cannabis prescription made by the physician be registered with the CURT.
The Texas Compassionate Use Program does not issue medical marijuana cards to patients or legal guardians. The patient must be diagnosed with any of the qualifying conditions by a certified physician. Accordingly, the physician registers the prescription of low-THC cannabis products and the corresponding patient in the CURT system. Once the patient or legal guardian goes to the dispensary, the latter shall verify the prescription entered in the system to dispense the product appropriately. The dispensary may require the patient or legal guardian to provide an identification card, date of birth, and Social Security Number.
For patients to acquire low-THC cannabis, they must:
Be a permanent resident of Texas
Be diagnosed with any of the following qualifying conditions:
Amyotrophic lateral sclerosis
All forms of cancer
Post-traumatic stress disorder
Be diagnosed by a CUP-certified physician who has evaluated that the benefits of prescribing medical marijuana outweigh the risks.
Texas Department of Public Safety
5805 North Lamar Blvd
Austin, TX 78752-4431
PO Box 4087
Austin, TX 78773-0001
Medical marijuana in Texas is not subject to sales or excise taxes. The state does not profit from selling low-THC cannabis dispensed to patients. The DPS, however, collects application fees from potential dispensing organizations for around $7,400, while license fees for two years cost nearly $490,000. Other costs include biennial renewals and registration fees.
In a finance article, the Tax Foundation predicted excise tax revenues in every state for a period of three (3) years if the recreational use of marijuana is legalized. Using average figures of excise taxes and the number of residents using marijuana in each state, an estimated $400 million was the potential marijuana tax revenue in Texas.
The State of Texas legalized the use of medical cannabis for patients in 2015. According to the FBI Crime Data Explorer, there were 16 arrests for the illegal possession of marijuana in Brazos County and none for the illegal sale and manufacturing of marijuana in 2014. By 2015, the figures stayed relatively the same, with 17 arrests for illegal possession and none for illegal sale and manufacturing.
As of 2021, the number of apprehensions for the illegal possession of cannabis increased to nearly 100 arrests and one arrest for unlawful sale and manufacturing of the substance in Brazos County.