According to Chapter 487 of the Texas Health and Safety Code, cannabis cultivation in Comal County is legal only for low-tetrahydrocannabinol (THC) medical cannabis. This is defined by the Texas Occupations Code Chapter 169 as having a THC content of 1% or lower by weight. Chapter 487 Section 487.201 of the Texas Health and Safety Code prohibits the banning of licensed low-THC medical cannabis cultivation in any county or municipality.
In 2015, the Texas Department of Public Safety (DPS) created the Compassionate Use Program (CUP) to handle all matters related to medical cannabis. A medical cannabis dispensing organization license must be applied for from the Texas DPS CUP by any firm that intends to commercially cultivate low-THC medical cannabis in Comal County.
The license encompasses the cultivation, manufacturing, and retail selling of low-THC medical cannabis. Hence, the applying company must prove the possession of technical and technological expertise in all those areas.
A licensed cultivation facility must be located in a zonal area that has been designated for such use, according to Texas Administrative Code Chapter 12. It must be 1,000 feet or more away from a public or private school or daycare facility. All owners, directors, officers, and staff must register in the CURT.
The licensee is obligated to implement strict security measures to prevent unlawful intrusion, misappropriation, or theft of medical cannabis and medical cannabis products. A physical barrier that is kept locked except during the passage of authorized individuals must surround every part of the facility used to grow, manufacture, or store medical cannabis. Life safety laws must be satisfied by the mechanical lock that will be installed. All medical cannabis crops, plant materials, produced items, and byproducts must be tracked using an inventory system. Licensees must properly dispose of all medical cannabis waste.
Moreover, the licensed low-THC medical cannabis cultivation facility must be compliant with any relevant regulations of the Texas Agriculture Code and Title 4 Part 1 of the Texas Department of Agriculture Administrative Code.
As stipulated by Chapter 487 of the Texas Health and Safety Code, cannabis manufacturing in Comal County is legal only for low-THC medical cannabis products. Section 487.201 of the Texas Health and Safety Code Chapter 487 forbids any county or municipality from banning the licensed manufacturing of low-THC medical cannabis products.
The Texas DPS CUP medical cannabis dispensing organization license is also what is mandatory for the commercial manufacturing of low-THC medical cannabis products in the county. The same requirements apply as well.
In addition, the following are the rules in Texas Administrative Code Chapter 12.7 that are pertinent to low-THC medical cannabis product manufacturing licensees must be complied with:
The licensed low-THC medical cannabis manufacturing facility must be compliant with the county’s building, fire, and safety codes.
The licensed low-THC medical cannabis manufacturing facility must use potable water in medical cannabis extraction.
The licensed low-THC medical cannabis manufacturing facility must assign only properly trained and registered persons to extract medical marijuana.
The licensed low-THC medical cannabis manufacturing facility must certify that the system it uses for medical marijuana extraction is safe, meant for commercial manufacturing, and designed according to established principles of engineering.
The licensed low-THC medical cannabis manufacturing facility must ensure that random samples of each manufactured medical cannabis product batch be tested for their THC and cannabidiol (CBD) concentrations.
The licensed low-THC medical cannabis manufacturing facility must use child-resistant containers for all medical cannabis and medical cannabis products.
Chapter 487 of the Texas Health and Safety Code restricts the legal retail selling of cannabis in Comal County to low-THC medical cannabis and low-THC medical cannabis products. Licensed retailers may only sell these to patients and their legal guardians registered in the Compassionate Use Registry of Texas (CURT). The banning by any county or municipality of licensed retail sales of low-THC medical cannabis and products to medical marijuana cardholders is prohibited by the Texas Health and Safety Code Chapter 487 Section 487.201.
Retailers also need the same Texas DPS CUP medical cannabis dispensing organization license as cultivators and manufacturers do. They must likewise comply with all the same requirements.
Texas Occupations Code Chapter 169 excludes smokable cannabis in its definition of medical cannabis. Hence, any smokable type of cannabis is prohibited in licensed dispensaries. Any other type of low-THC medical cannabis and medical cannabis products can be sold, including oils, tinctures, lozenges, edibles, and topical applications, provided that each item has at least 10% CBD and not more than 0.5% THC.
Licensed medical cannabis dispensing organizations must fulfill the following duties strictly in their dispensaries:
Employees of the licensed dispensary must confirm the following requirements before every medical cannabis sale:
The identity of the patient or legal guardian must be checked against a valid government-issued photo ID.
CURT registration must be checked online.
The CURT prescription must be for the patient making the purchase or for whom the legal guardian is purchasing.
The CURT prescription must be the same as the patient’s written order.
No other dispensary must have fulfilled the current period’s prescription yet.
Employees of the licensed dispensary must log the following data in the CURT after every medical cannabis sale:
The sale date and time
The sold quantity of low-THC medical cannabis or medical cannabis products
The delivery of low-THC medical cannabis and low-THC medical cannabis products in Comal County is legal according to Chapter 487 of the Texas Health and Safety Code, but only licensed medical cannabis dispensing organizations may do so to CURT-listed patients and legal guardians. Counties and municipalities are required by the Texas Health and Safety Code Chapter 487 Section 487.201 to allow this.
Because not all CURT medical marijuana cardholders have easy access to licensed medical cannabis dispensing organization locations, they are permitted to purchase by phone or online their prescribed low-THC medical cannabis and low-THC medical cannabis products for delivery. When a licensed dispensary receives an order, it is obligated to authenticate the patient's registration and prescription in the online CURT. Before handing over the item upon delivery, the licensed dispensary staff must ask the patient or legal guardian for a valid government-issued picture ID to prove identity.
The Texas DPS CUP does not issue medical marijuana cards in physical form. Rather, patients and any legal guardians that they may need who are all permanent residents of Texas must register for free in the CURT online. The data they submit will be accessible to law enforcement agencies.
Once the application is approved, all that is needed for the patient or legal guardian to purchase low-THC medical cannabis and low-THC medical cannabis products at a licensed dispensary is their valid government-issued photo ID showing their family name, birth date, their Social Security number’s last five figures.
The patient is required to have been diagnosed by a CUP-registered physician to have any of the following medical conditions:
Amyotrophic lateral sclerosis
Post-traumatic stress disorder
Incurable neurodegenerative disease
Only one prescribing physician is allowed for every patient. A signed consent form must be given by the patient authorizing the physician to register the patient’s name and medical cannabis prescription on the online CURT. For patients who are minors, the physician must register a legal guardian on the CURT to make medical cannabis purchases for the patient.
Please contact the following for more information:
Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
According to the administrative regulations of the Texas Low-THC Cannabis Program, medical cannabis is not subject to sales taxes by the state. Only the licensing fees paid by medical marijuana businesses are earned by the state. All medical cannabis businesses must pay a $7,356 application charge for a medical cannabis business license, a $530 registration fee once the application is granted, and a $488,520 licensing fee. Every two years, they are required to renew their license for a renewal fee of $318,511.
Medical cannabis in Comal County was legalized in 2015. Data from the Comal County Sheriff's
Office on the FBI’s Crime Explorer page shows that in 2014, there were 141 marijuana possession arrests and three marijuana manufacturing or sales arrests, totaling 144 arrests for marijuana offenses. In the latest available data in 2021, this decreased to a total of 31 arrests for marijuana offenses, all of which were for marijuana possession.
There were 196 DUI arrests in 2014. This decreased to 137 DUI arrests in 2021.