Yes. Only licensed dispensaries are allowed to cultivate cannabis used to produce low-THC cannabis in Lubbock County. Section 169.001 of the Texas Occupational Code defines low-THC cannabis as any part, compound, salt, manufacture, mixture, derivative, resin, preparation, or oil of a Cannabis sativa L. that contains no more than 1% by weight of tetrahydrocannabinol (THC).
The Compassionate Use Program (CUP) in Texas is administered by the Department of Public Safety (DPS), pursuant to Chapter 487 of the Texas Compassionate-Use Act. The program allows the DPS to operate a secure online registry of certified physicians, called the Compassionate Use Registry of Texas (CURT), who can prescribe low THC to registered patients with qualifying medical conditions.
Licensees must abide by all the applicable provisions under the Texas Agricultural Code and the Texas Department of Agriculture's Administrative Rules. Apart from these general laws and conditions, the Low-THC Cannabis Program Administrative Rules provide for rules and regulations targeted towards the cultivation, process, and dispensing of low-THC cannabis.
Cultivators must not grant access to the facility’s cultivation area by unauthorized individuals or to the public. All cultivation of low-THC marijuana shall occur in an enclosed and secured building that gives adequate protection against deviation of low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis. Only the necessary employees for a specific area of cultivation must be given access.
Growing marijuana outdoors is prohibited because recreational use and possession of cannabis remain illegal in the State of Texas. The marijuana laws in the state are, however, not explicit as to outdoor cultivation for licensees. It only requires that their cultivation facilities are secured and away from unauthorized access.
Yes. Cannabis manufacturers registered with the Federal Drug Enforcement Administration may process the controlled substance to the extent authorized by the person’s registration and in accordance with Chapter 487 of the Texas Compassionate-Use Act.
Dispensing organizations authorized by the Department of Public Safety to manufacture marijuana shall maintain inventories and keep records in compliance with federal law’s inventory and record-keeping requirements. Members of the DPS or peace officers must be allowed to conduct audits and inspect the records of the sales and purchases of cannabis at reasonable business hours. Persons who knowingly manufacture, deliver, or possess marijuana in an amount beyond the allowable amount are warned of the offenses and penalties listed in the Act.
Representative samples of all manufactured products must be tested for THC and cannabidiol (CBD) levels, and for residual solvents, fertilizers, fungicides, molds, and heavy metals. Facility staff or employees must be well-trained in the extraction process and all emergency procedures. Along with this, only potable water shall be utilized for product extraction.
The regulated premises of marijuana facilities shall be located at least 1,000 feet from any public or private school or daycare center that existed before the facility initially submitted its license application.
Yes. Only the sale and purchase of marijuana to qualified patients are allowed. Therefore, persons who seek cannabis for recreational use are prohibited from obtaining products sold by dispensaries.
Only three dispensing organizations are authorized to distribute marijuana products to patients. This provision was based on the state’s analysis of other states’ CUP, the statutory requirements, and the number of patients with intractable epilepsy – the medical condition which caused the legalization of medical marijuana in Texas.
No age restrictions for purchasing low-THC cannabis prescriptions are imposed on patients. Underaged patients can acquire their dosages from their legal guardians. In no case shall the dispensed products be more than 0.5% by weight of THC and not less than 10% by weight of CBD. Swallowing these substances is the only allowed form of administration; thus, smoking marijuana is prohibited.
Yes. The employees of the dispensing organizations shall be tasked to deliver the prescriptions to residential homes. Patients and legal guardians may also opt to fill prescriptions over the counter. The patient’s legal guardian may pick up the medication from the dispensary and deliver it to the patient, provided the physician has entered the prescription with the CURT.
Dispensaries shall require the patients and caregivers to present proof of identification that they are registered with the CURT.
Texas Compassionate Use Program does not issue medical marijuana IDs to patients and caregivers. Instead, the physicians shall register and prescribe low-THC cannabis to patients with qualifying medical conditions in the Compassionate Use Registry of Texas system. In turn, the dispensary organization can look for the patient’s name and ascertain whether a physician has prescribed him marijuana products. Take note that it is not the patient who will register himself in the system but the physician who enters the patient’s name in the CURT system.
To obtain medical marijuana prescription from physicians, the patient must meet the following requirements:
Must be a permanent resident of Texas
Is diagnosed with any of the qualifying medical conditions:
Amyotrophic lateral sclerosis
Post-traumatic stress disorder (PTSD)
The physician certifies and determines that the risk of using medical low-THC cannabis by the patient is reasonable in light of the potential benefit.
Texas ensures that the CURT system is available to dispensing organizations, physicians, and patients 24 hours a day.
Texas Department of Public Safety
5805 North Lamar Blvd
Austin, TX 78752-4431
PO Box 4087
Austin, TX 78773-0001
The State of Texas does not impose any sales tax on the sale of medical marijuana to patients. At most, the CUP generates funds from application fees ($7,356) and license fees ($488,520 for two years) of dispensing organizations. Other costs include the biennial renewal of the dispensing organization license at $318,511 and registration fees at $530 for the original registration and renewals.
In 2020, a cannabis law firm analyzed the economic benefits of taxing and regulating cannabis in Texas. The report predicted that with the number of adults aged 21 and older and the state’s legalization of the recreational use of marijuana, an estimated $2.7 billion in sales may be expected annually. Apart from the sales generated, the entry of the cannabis market opens hundreds of new businesses resulting in approximately 20 to 40 thousand direct jobs and 10 thousand indirect and induced jobs for the residents.
House Bill 1535, or the Compassionate Use Act, which was signed into law in 2015, legalized medical marijuana in Texas.
According to the FBI Data Explorer, arrests for possession of marijuana decreased from 2014 to 2015 – from more than 66,000 arrests down to less than 60,000. However, in 2016, the year after the bill was signed into law, the arrests for possession of marijuana increased to nearly 64,000. The number of arrests is still lower than the baseline year in 2014. As to the arrests for the sale and manufacturing of cannabis, the same went down from more than 1,500 to around 1,470 from 2014 to 2015. By 2016, the figure reduced to approximately 1,350 arrests.
The latest data provided by the FBI is in 2021, where arrests for the possession, sale and manufacturing of marijuana are at over 21,000 and around 640, respectively. This figure is a significant decrease from the baseline year in 2014.