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Guadalupe County Cannabis – Is It Legal & Where To Buy 2025

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Is Cannabis Cultivation Legal in Guadalupe County?

The State of Texas Health and Safety Code’s Chapter 487, called the Texas Compassionate Use Act, which was first made effective in 2015 and amended in 2019 and 2021, legalized low-tetrahydrocannabinol (THC) cannabis for medical treatment only. The Texas Occupations Code’s Chapter 169 Section 169.001 defines this as cannabis with a maximum THC content of 1%. Section 487.201 of the Act prohibits its banning by any county or municipality in the state. Hence, licensed low-THC medical cannabis cultivation in Guadalupe County is legal.

The Texas Department of Public Safety (DPS) regulates and licenses low-THC medical cannabis through its Regulatory Services Division (RSD) which runs the Compassionate Use Program (CUP) of the State of Texas.

The DPS RSD grants only one license, which is the medical cannabis dispensing organization license. The Texas Administrative Code’s Chapter 12 states that the license authorizes the holder to cultivate low-THC medical cannabis crops, manufacture low-THC medical cannabis products, and sell low-THC medical cannabis and low-THC medical cannabis products only to patients and caregivers who are enrolled in the Compassionate Use Registry of Texas (CURT). The application period for the license, however, ended on April 28, 2023.

All licensed medical cannabis dispensing organizations must register their owners, officers, and employees with the DPS RSD. All licensed medical cannabis dispensing organization facilities must be at least 1,000 feet away from another licensed medical cannabis dispensing organization facility, daycare center, or school.

Low-THC medical cannabis crop cultivation by licensed medical cannabis dispensing organizations must be compliant with applicable requirements of the Texas Department of Agriculture Administrative Code Title 4 Part 1 and the Texas Agriculture Code.

The cultivation of low-THC medical cannabis crops, manufacturing of low-THC medical cannabis products, and storage of all forms of low-THC medical cannabis must be done indoors within a completely enclosed building with metal doors equipped with locks. The facility must be windowless or have grilled windows.

The entire facility must implement security and fire systems around the clock according to the requirements of the municipality or county it is located in. The systems must have the appropriate sensors, alarms, and video surveillance that is continuously recorded and saved for at least 90 days. They must be able to operate for at least another five minutes in the event of a power outage. They must also be connected to the municipality or county authorities concerned for immediate response to any emergency.

Access to areas for cultivation and manufacturing must be restricted to authorized employees, and they are allowed only during business hours. Any authorized visitors must be logged in and out of the facility. Throughout their stay, they must wear a visitor’s badge and be escorted by facility staff. All forms of low-THC medical cannabis must be kept away from the public’s sight after business hours.

If the licensed low-THC medical cannabis dispensing organization shares a building with other businesses, it must have its own entrance from the outside. It must not be accessible to other building tenants in any way.

All low-THC medical cannabis dispensing organization licensees must establish an inventory tracking system for all forms of low-THC medical cannabis, including cannabis waste matter. The latter must be properly disposed of.

Is Cannabis Manufacturing Legal in Guadalupe County?

The State of Texas Compassionate Use Act legalized low-THC medical cannabis and forbade its banning by any county or municipality in the state. Hence, low-THC medical cannabis product manufacturing in Guadalupe County by DPS RSD-licensed medical cannabis dispensing organizations is legal. They must abide by all the regulations previously mentioned.

Specific to low-THC medical cannabis product manufacturing, the applicable regulations of the Texas Administrative Code Chapter 12.7 must be complied with, as follows:

  1. Ensure that the county or municipality’s building, safety, and fire codes are observed.
  2. Ensure that potable water is used in manufacturing low-THC medical cannabis products.
  3. Ensure that facility employees who do low-THC medical cannabis extraction procedures are duly trained for it and registered with the DPS RSD.
  4. Ensure that low-THC medical cannabis extraction procedures are done through a commercial-grade system that measures up to the required engineering standards.
  5. Ensure that testing by random sampling is done by a laboratory approved by the DPS RSD to determine the THC and cannabidiol (CBD) content of every batch of manufactured low-THC medical cannabis products.
  6. Ensure that the containers of all manufactured low-THC medical cannabis products are child-proof.

Is Cannabis Retail Legal in Guadalupe County?

The Compassionate Use Act of the State of Texas legalized low-THC medical cannabis and disallowed its banning across the state by any county or municipality. Hence, the retail selling of low-THC medical cannabis and low-THC medical cannabis products in Guadalupe County by DPS RSD-licensed medical cannabis dispensing organizations exclusively to patients and caregivers who are registered in the CURT is legal. Licensees are bound to comply with all rules discussed previously.

For licensed retail stores, an additional security measure is to position one of the internal surveillance cameras to capture the face of the purchasing CURT-registered patient or caregiver for identification.

The Texas Occupations Code Chapter 169 Sec. 169.001 states that smoking is prohibited as a method of administration of low-THC medical cannabis. Hence, licensed retail stores are prohibited from selling forms of low-THC medical cannabis intended for smoking. All other forms of low-THC medical cannabis and low-THC medical cannabis products with a THC content of 0.5% or less and a CBD content of 10% or more may be sold to CURT-registered patients and caregivers. Examples of these are tinctures, oils, edible products, lozenges, topical formulations, among others.

The following duties are imposed on retail stores of licensed medical cannabis dispensing organizations by the Texas Compassionate Use Act Sec. 487.107, the Texas Administrative Code Chapter 12, and DPS rules:

  1. Pre-sale:
    1. Ensure that the purchaser is CURT-registered by checking the last name, birth date, and last five Social Security Number digits from the purchaser’s valid government-issued ID and comparing these against the online CURT registry.
    2. Ensure that the low-THC medical cannabis and low-THC medical cannabis products the CURT-registered purchaser wishes to purchase fall within the CURT prescription of the registered patient.
    3. Ensure that the registered patient’s prescription for the period has not yet been fully filled by checking previous purchases on the online CURT.
  2. Post-sale:
    1. Ensure that the time and date of each sale are logged on the online CURT.
    2. Ensure that the purchased form, quantities, and prices of low-THC medical cannabis and low-THC medical cannabis products are logged on the online CURT.

Is Cannabis Delivery Legal in Guadalupe County?

The Compassionate Use Act of the State of Texas legalized low-THC medical cannabis and barred its banning throughout the state by any county or municipality. Hence, the delivery of low-THC medical cannabis and low-THC medical cannabis products in Guadalupe County by DPS RSD-licensed medical cannabis dispensing organizations solely to CURT-registered patients and caregivers is legal. Licensees must stay compliant will all previously mentioned regulations.

Texas Administrative Rule §12.32 requires that the delivery vehicles be equipped with a security system and a locked compartment for the low-THC medical cannabis items that only delivery personnel can access. Before leaving the facility, the following information must be documented in a trip plan:

  • The date and time the delivery leaves
  • The names of the delivery employees
  • The types and quantities of the low-THC medical cannabis items to be delivered
  • The address of the delivery destination and the planned route

The following must be logged into the online CURT after each delivery:

  • The time the delivery was handed over to the CURT-registered purchaser
  • Any changes made to the planned route
  • Any changes made to the types and quantities of low-THC medical cannabis items delivered

How to Get a Medical Marijuana Card in Guadalupe County

Residents of Guadalupe County who are permanent state residents only need to be CURT-registered to get medical cannabis treatment because the State of Texas is not issuing medical cannabis cards. CURT registration is free but must be done by a physician registered with the CUP. A physician search may be done by the patient on the DPS Licensing and Registration page. As of June 2023, there was no qualified doctor in Guadalupe County so residents would have to find one in another county.

If the physician diagnoses the patient to have one of the following ailments, the physician will post a low-THC medical prescription for the patient on the online CURT:

  • Epilepsy
  • Spasticity
  • Seizure disorders
  • Incurable neurodegenerative diseases
  • Post-traumatic stress disorder
  • Amyotrophic lateral sclerosis
  • Multiple sclerosis
  • Cancer
  • Autism

Patients under 18 must have a caregiver who is required to be the patient’s parent or legal guardian. Incapacitated adult patients may also need a caregiver. This will be indicated by the physician on the CURT. The physician will also post on the CURT the patient’s and caregiver’s respective names, dates of birth, and last five Social Security Number digits. These have to be in the valid government-issued ID that the CURT-registered patient or caregiver shows to a licensed low-THC medical cannabis retail store when purchasing low-THC medical cannabis and low-THC medical cannabis products.

For additional 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

How Has Cannabis Legalization Impacted the Economy of Guadalupe County?

According to the DPS Annual Reports for FY 2019, FY 2020, FY 2021, and FY 2022, the State of Texas has had only three licensed medical cannabis dispensing organizations. The Texas Administrative Code RULE §12.14 states that these organizations must each pay the following fees to the state:

  • An application fee of $7,356
  • A two-year license fee of $488,520
  • A two-year license renewal fee of $318,511
  • A registration fee of $530
  • A registration renewal fee of $530

There is no mention of taxation for low-THC medical cannabis in the Texas Compassionate Use Act as amended.

The Effects of Cannabis Legalization on Crime Rates in Guadalupe County

Low-THC medical cannabis was legalized in Guadalupe County in 2015.

On the FBI’s Crime Explorer page, data sent by the Guadalupe County Sheriff's Office shows that in 2014, a year before the legalization of medical cannabis, there were 203 arrests for marijuana offenses, comprised of 200 arrests for possession and three arrests for sales.

In 2016, a year after the legalization of medical cannabis, there were 166 arrests for marijuana offenses, comprised of 164 arrests for possession and two arrests for sales.

The latest data available, which is from 2020, shows 115 arrests for marijuana offenses, comprised of 111 arrests for possession and four arrests for sales.

In those years, the number of DUI arrests was as follows:

  • 2014: 199 arrests
  • 2016: 176 arrests
  • 2020: 245 arrests
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