Yes. Jefferson County only permits authorized medical marijuana dispensaries to cultivate low-THC cannabis. Low-THC cannabis is defined by Compassionate-Use Program (CUP) Section 169.001 as Cannabis sativa L. plant, any component of the plant for which tetrahydrocannabinol (THC) content is less than 1% by weight or any product derived from the plant. Growing medical marijuana at home for one's personal use is prohibited.
Low-THC cannabis can only be grown by licensed dispensing organizations that have expertise and training in organic chemistry, laboratory analysis, microbiology, and cultivation. This is in compliance with Texas Administrative Code Chapter 12 Subchapter B. Low-THC cannabis must also be cultivated as prescribed by law in a safe, enclosed space that is hidden from the public's view. According to Section 1301.72 of Title 21 of the Code of Federal Regulations, post-cultivation low-THC cannabis must be stored in a lockable metal container or locked safe.
Manufacturing of cannabis is permitted in Jefferson County. In accordance with the Texas Controlled Substances Act, cannabis manufacturers are required to register with the Federal Drug Enforcement Administration in order to legally possess, analyze, dispense, manufacture, or distribute cannabis.
Texas medical marijuana law only permits patients to use the recommended low-THC cannabis dosage. Inhaling or smoking marijuana is not allowed. The Texas Occupations Code Ch. 169.001 defines low-THC medical cannabis use as "ingestion of specified amounts by routes of administration other than smoking."
According to Section 487.102 of the Texas Compassionate-Use Act, cannabis manufacturing companies are only allowed to operate in Texas if they meet the requirements listed below:
The technical know-how required to create and cultivate low-THC cannabis
The capacity to pay for operations for at least two years after submitting an application for a license
The ability to protect all workers, resources, and structures with a location that allows qualified patients to access the dispensing company through the compassionate-use registry
The ability to retain responsibility for the waste, materials, and products used and created during the cultivation and manufacturing of low-THC cannabis in order to prevent unauthorized access to such materials and goods
The Texas Department of Public Safety may also evaluate an audit or sales record at any time, and manufacturers are required to permit such inspections. Manufacturers shall not interfere with the department's record-copying, auditing, or comprehensive inspection procedures. Having said that, in order to comply with any rules established by the department and the federal law's recordkeeping requirements, cannabis businesses must continue to maintain records and inventories. Administrative Rule 12.7 stipulates that each property must be at least 1,000 feet away from schools or daycare centers that were open at the time the licensing application was made.
Yes. Only qualified patients with certain conditions can obtain low-THC cannabis prescriptions from certified physicians under Texas' Compassionate-Use Program (CUP). Jefferson County permits the sale of cannabis for medical purposes only. Compassionate-Use Act Section 487.107 requires the dispensary to verify the following before giving low-THC cannabis to a qualified patient:
The name of the individual as it appears on the registry for compassionate use
The entire amount of low-THC cannabis that should be consumed as per the doctor's recommendation
The prescription has not yet been processed and filled or signed by another dispensary, according to the item on the compassionate-use registry
The dispensary must input all pertinent information, such as the date, time, and quantity of low-THC cannabis dispensed, into the compassionate-use registry after providing low-THC cannabis to the certified patient. Texas permits the selling of edibles with low THC levels. Other cannabis forms are prohibited, including those used for smoking and those in the form of oils.
Texas Controlled Substances Act Section 481.120 prohibits the delivery of marijuana to registered patients and other individuals. However, Texas Administrative Code Chapter 12, Subchapter A permits the delivery of low-THC cannabis and cannabis plants between dispensing establishments. Licensed dispensaries may also deliver prescriptions for low-THC cannabis in Texas.
Texas does not offer ID cards for medical marijuana patients. Instead, patients must get a prescription from a physician who takes part in the Compassionate-Use Program. Initially, the Compassionate-Use Program was exclusively open to people with intractable epilepsy. But Texas' list of recognized medical illnesses has recently grown. The Texas Compassionate-Use Program now accepts patients with the following conditions in line with Section 169.003 of the Texas Occupations Code:
a seizure disorder
amyotrophic lateral sclerosis
post-traumatic stress disorder
Patients who meet the following criteria may be given low-THC cannabis:
The patient is a Texas resident.
The patient possesses a qualifying medical condition.
A qualified medical practitioner advises using medical marijuana because they assess the benefits outweigh the risks.
You need to do the following before submitting an application for the Compassionate-Use Program (CUP):
Locate a Jefferson County CUP Registered Doctor and provide proof of a qualifying medical condition.
Request that your doctor transmit your prescription to the Texas Compassionate Use Registry (CURT)
You can pick up your prescription from a certified dispensary after a doctor has approved your application.
Patients of any age can obtain prescriptions for cannabis with a low THC content. Patients under the age of 18 require legal guardianship.
Don't forget to bring a valid ID with your name, age, Social Security number, and birthdate to the dispensary.
Contact the following to learn more about CUP:
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 still bans the recreational use of marijuana, and there is no state sales tax in effect for medical marijuana as of December 2022. However, the State charges medical marijuana retailers for licenses and application fees.
The following are the findings of a survey on the legalization of marijuana for recreational use done by the University of Texas at Austin in June 2021:
13% of respondents thought it should always be illegal to possess marijuana.
27% of those surveyed thought marijuana possession should only be done for legal purposes.
31% of respondents believed that marijuana consumption in moderation should be acceptable for any purpose, whether medical or recreational
29% of respondents thought it should be legal to possess marijuana in any quantity and for any reason, whether medical or recreational
It is still uncertain whether Texas lawmakers will opt to legalize marijuana for recreational use, regardless the fact that the vast majority of Texas residents may or may not support it. The Texas economy will likely gain from recreational marijuana sales and revenues if the State eventually adopts and upholds regulations governing its use, as it has in other states that permit it.
DUI cases for 2014, 2015, and 2016 are on the decline, according to data from the Jefferson County Sheriff's Office compiled by the FBI crime report, from 277 to 145 and 79 arrests, respectively. The number of marijuana-related arrests, on the other hand, also decreased from 123 to 116 and 68 cases in 2014, 2015, and 2016, respectively.
Note that Texas legalized medical marijuana with low THC in 2015.