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

Is Cannabis Cultivation Legal in Kaufman County?

Licensed cultivation of low-tetrahydrocannabinol (THC) medical cannabis in Kaufman County was legalized effective 2015 by the Compassionate Use Act of the State of Texas and supported by its 2019 and 2021 amendments. Low-THC cannabis, as defined by Section 169.001 of the Texas Occupations Code Chapter 169, means cannabis containing 1% or lower THC by weight. The Act’s Section 487.201 does not allow counties and municipalities to ban licensed low-THC medical cannabis cultivation.

The Compassionate Use Program (CUP) under the Regulatory Services Division (RSD) of the Texas Department of Public Safety (DPS) draws up regulations and issues licenses for low-THC medical cannabis across the state of Texas.

There is only one low-THC medical cannabis business license available and it is the medical cannabis dispensing organization license granted by the RSD. In accordance with the Texas Administrative Code Chapter 12, this license enables the holder to cultivate low-THC medical cannabis crops, manufacture low-THC medical cannabis products from them, and sell these by retail solely to patients and caregivers who are part of the Compassionate Use Registry of Texas (CURT). All operations must be together in one facility location only. However, from April 28, 2023, the DPS RSD ceased to accept applications for the license.

Directors, employees, and management of enterprises with a medical cannabis dispensing organization license must register with the RSD. There must be a distance of not less than 1,000 feet separating the licensed medical cannabis facility from a childcare center or school.

All licensed medical cannabis dispensing organizations must adhere to the Texas Department of Agriculture’s Administrative Code Title 4 Part 1 and the Texas Agriculture Code. Low-THC medicinal cannabis crop growing, product processing, and storage must take place indoors in line with Texas Administrative Code’s Rule §12.31. Its structure must be completely enclosed, have metal doors with powerful locks, and be either windowless or have window security grills.

Every licensed medical cannabis facility is required to install a fire prevention and security system in compliance with the regulations of the local government. For a speedy reaction, the fire prevention and security system must feature sensors and alarms that instantly notify the county or municipality authorities of any emergency. It must feature a continuous recording system for video cameras that keeps video for not less than 90 days. During a power loss, the system must be able to function for at least five minutes.

The licensed medical cannabis dispensing organization's facility must allow only authorized personnel access to the sections used for medical cannabis growing and production during business hours. Any visitor who is admitted into the premises must be required to sport a visitor's badge and remain with a staff member the whole time they are there. It is necessary to record their entry and departure times and dates. No low-THC medical cannabis in any form must be viewable by the public after the facility's regular business hours.

The certified medical cannabis distributing organization's facilities must be completely enclosed and inaccessible from the other businesses when it shares a space with them. The entrance to the medical cannabis facility must only be used by it and permit direct entry from outside.

The licensed medical cannabis dispensing organization facility is required to set up an inventory management system to monitor stocks and the transport of low-THC medicinal cannabis in all forms. When processing and disposing of waste products derived from medical cannabis, all applicable state, county, and municipal laws must be followed.

Is Cannabis Manufacturing Legal in Kaufman County?

Licensed manufacturing of low-THC medical cannabis products in Kaufman County is legal under the State of Texas Compassionate Use Act and its amendments. The Act prohibits counties and municipalities from disallowing licensed low-THC medical cannabis product manufacturing. However, the medical cannabis dispensing organization license from the RSD is required to do this.

The following guidelines are found in Texas Administrative Code Chapter 12.7 and apply to the processing of low-THC medical cannabis products:

1. Adhere to all federal, state, county, and local codes on businesses, structures, occupancy, fire safety, electrical safety, air quality, plumbing, noise, smells, advertising, and other annoyances.
2. Only make use of potable water.
3. Obtain a certification from a qualified, state-licensed engineer attesting to the safety and engineering soundness of the low-THC medicinal cannabis extraction system that will be used.
4. Employ qualified and trained RSD-registered individuals for low-THC medicinal cannabis extraction tasks.
5. Make sure that all low-THC medical cannabis products are tested for THC and cannabidiol (CBD) levels as well as any potential contaminants in accordance with the specifications of the Code of Federal Regulations, Title 16, Part 1107, the Texas Department of Agriculture Administrative Code Title 4 Part 1, and the Texas Agriculture Code.
6. For all low-THC medical cannabis products, only child-resistant packaging should be used.

Is Cannabis Retail Legal in Kaufman County?

Licensed selling of low-THC medical cannabis and cannabis products by retail in Kaufman County is legal as stipulated by the Compassionate Use Act of the State of Texas and its updates. The Act forbids counties and municipalities to prohibit the licensed retail selling of low-THC medical cannabis and its products to CURT-registered patients and caregivers. However, for a medical cannabis retail store to operate, a medical cannabis dispensing organization license from the RSD is required.

In addition to the security measures already mentioned, licensed medical cannabis dispensing organizations must ensure that the CCTV cameras in their retail space can capture every customer's face.

According to Texas Occupations Code Chapter 169 Sec. 169.001, licensed medical cannabis shops are not permitted to sell low-THC medical cannabis products intended for smoking because this is a prohibited means of medical cannabis treatment. All other kinds of low-THC medicinal cannabis products are permitted, as long as they have a minimum CBD level of 10% and a THC maximum of 0.5%.

According to Section 487.107 of the Compassionate Use Act, licensed medical cannabis dispensing organizations must adhere to the following protocols for sales:

1. Verify that the patient or caregiver is registered with CURT by matching the valid government-issued ID with the information on the registry.
2. Check the patient's CURT prescription to see if the kind and amount of low-THC medical marijuana and low-THC marijuana products that are to be bought are permitted.
3. Confirm that the prescription is still open for filling for the current period by checking the CURT records.
4. Post-sale, log on the CURT the purchases of the registered patient or caregiver, including the amounts and selling prices.
5. Note the date and time of the purchase on the CURT.

Is Cannabis Delivery Legal in Kaufman County?

Licensed delivery of low-THC medical cannabis and cannabis products to CURT-registered patients and caregivers in Kaufman County is legal according to the RSD.

Texas Administrative Code Rule §12.32 requires licensed medical cannabis dispensing organizations to install a security system and an attached lockable compartment in the delivery transport and make sure that only their staff have access to it.

Licensed medical cannabis dispensing organizations must adhere to the following delivery protocols:

1. Before making a delivery, plan the route, note who will be making it, where it will be going, how much and what kind of low-THC medical cannabis will be delivered, and when the delivery will depart the facility.
2. After the delivery is complete, the trip plan must be finalized to reflect any modifications made to the previously mentioned information as well as the completion time.

How to Get a Medical Marijuana Card in Kaufman County

Medical cannabis cards are not issued by the State of Texas. Instead, Kaufman County residents only have to be registered in the CURT for free to be allowed to purchase low-THC medical cannabis and its products. However, only a physician registered with the CUP may register a patient who has one of the following ailments:

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

Based on the physician search tool of the CURT, there is no CUP-registered physician in Kaufman County but residents can consult a CUP-registered physician in a nearby county within the State of Texas.

A caregiver is required for patients under the age of 18 or adults who are incapacitated. The doctor will note this in the CURT registration. The doctor will also record the patient's and caregiver's names, birthdates, and the last five digits of their social security number based on their government-issued IDs.

Further questions can be directed to the following:

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 Kaufman County?

According to the DPS Annual Reports for FY 2019, FY 2020, FY 2021, and FY 2022, there were three medical cannabis dispensing organizations licensed in the State of Texas in those years. Each licensee had to pay an application fee of $7,356, a licensing fee of $488,520 good for two years, and a registration fee of $530, according to Texas Administrative Code Rule §12.14. After two years, there is a license renewal charge of $318,511 and a registration renewal fee of $530.

Taxes on low-THC medical cannabis and its products are not mentioned in the Texas Compassionate Use Act and its amendments.

The Effects of Cannabis Legalization on Crime Rates in Kaufman County

Medical cannabis was legalized in Kaufman County in 2015.

Data sent by the Kaufman County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2014, a year before the legalization of medical cannabis, there were 39 marijuana possession arrests and no marijuana sales arrests.

In 2016, a year after the legalization of medical cannabis, there were 45 marijuana possession arrests and three marijuana sales arrests, totaling 48 marijuana offense arrests.

In 2019, there were 51 marijuana possession arrests and no marijuana sales arrests.

In 2021, the latest data showed 16 marijuana possession arrests and no marijuana sales arrests.

The number of DUI arrests during those years was as follows:

• 2014: No data on DUI arrests
• 2016: No data on DUI arrests
• 2019: 16 arrests
• 2021: 22 arrests