Montgomery County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Montgomery County?

Yes. Low-THC cannabis cultivation is legal in Montgomery County but only in certified medical marijuana dispensing organizations. CUP Section 169.001 defines low-THC cannabis as Cannabis sativa L. plant, any substance made from the plant, or any part of the plant that does not exceed 1% by weight of tetrahydrocannabinol (THC). It is not lawful to grow medical marijuana at home for personal use.

Under Texas' Compassionate-Use Program (CUP), only approved patients with specific illnesses are allowed to get low-THC cannabis prescriptions from certifying physicians. In Texas, marijuana use for recreational purposes is still prohibited.

Only licensed dispensing businesses that have experience and training in cultivation, organic chemistry, analytical laboratory techniques, and microbiology are permitted to grow low-THC cannabis. This is in accordance with Texas Administrative Code Chapter 12 Subchapter B. Low-THC cannabis must also be grown in a secure, enclosed facility that is out of public view, as required by law. Meanwhile, post-cultivation low-THC cannabis must be kept in a lockable metal box or locked safe in compliance with Title 21 of the Code of Federal Regulations, Section 1301.72.

Additionally, patients are only permitted to consume the suggested low-THC cannabis dosage under Texas medical marijuana law. Marijuana smoking and inhalation are not permitted. Medical use of low-THC cannabis is defined as "ingestion of specified amounts by means of administration other than smoking" in the Texas Occupations Code Ch.169.001.

Is Cannabis Manufacturing Legal in Montgomery County?

In Montgomery County, cannabis manufacturing is legal. Cannabis manufacturers must register with the Federal Drug Enforcement Administration in order to possess, manufacture, analyze, dispense, or distribute cannabis in line with the Texas Controlled Substances Act.

An audit or sales record may also be reviewed at any time by a representative or a peace officer of the Texas Department of Public Safety, and manufacturers must allow such inspections. The department's record-copying, auditing, and comprehensive inspection processes must be followed without interference from manufacturers. With that said, cannabis businesses still need to keep records and inventories in order to follow any regulations set forth by the department and the federal law's recordkeeping requirements. Each property must adhere to Administrative Rule 12.7 and be at least 1,000 feet away from any school or daycare that was operating before the license application was submitted.

Cannabis manufacturing businesses are only allowed to conduct business in Texas provided they comply with the criteria given below, as stated in Section 487.102 of the Texas Compassionate-Use Act:

  • The technical proficiency needed to produce and grow low-THC cannabis

  • The capacity to maintain accountability for the byproducts, raw materials, and finished items utilized and produced during the cultivation and production of low-THC cannabis in order to prevent unwanted access to such resources and products.

  • The capacity to secure all employees, resources, and buildings, with a location that enables qualified patients to access the dispensing business via the compassionate-use registry.

  • The financial capacity to maintain operations for at least two years after applying for a license.

Is Cannabis Retail Legal in Montgomery County?

Yes. Montgomery County allows the purchase of cannabis, but solely for medical purposes. Before providing low-THC cannabis to an eligible patient, the dispensary is required by Compassionate-Use Act Section 487.107 to confirm the following:

  • The individual's name as it appears on the registry for compassionate use

  • The total recommended dosage or quantity of low-THC cannabis to be consumed

  • Based on the item in the compassionate-use registry, the prescription has not yet been filled or signed by another dispensary

After administering low-THC cannabis to the certified patient, the dispensary must enter all necessary data into the compassionate-use registry, including the date, time, and quantity of low-THC cannabis provided. Texas allows the sale of cannabis edibles with low THC levels. Other types, such as those used for smoking or those in the form of oils, are restricted.

Is Cannabis Delivery Legal in Montgomery County?

Delivering low-THC marijuana and cannabis plants between dispensing businesses is allowed, as stated in Texas Administrative Code Chapter 12, Subchapter A. However, delivery of marijuana to certified patients and other persons is prohibited under Texas Controlled Substances Act Section 481.120. In the State of Texas, only prescriptions of low-THC cannabis may be provided by licensed dispensaries.

How to Get Medical Marijuana Card in Montgomery County

Medical marijuana ID cards are not issued in Texas. The Compassionate-Use Program requires that patients obtain a prescription from a doctor who participates in it. Initially, only individuals with intractable epilepsy were eligible for the Compassionate-Use Program. However, Texas has recently increased the number of recognized medical conditions. In accordance with Section 169.003 of the Texas Occupations Code, patients with the following conditions are now accepted under the Texas Compassionate-Use Program:

Patients may be given low-THC cannabis if the following requirements are met:

  • The patient is a resident of Texas.

  • There is a qualifying medical condition present in the patient.

  • A licensed medical professional recommends medical marijuana because they believe the advantages outweigh the risks.

Prior to submitting an application for the Compassionate-Use Program (CUP), you must:

  • Find a Montgomery County CUP Registered Physician and present documentation of a qualifying medical condition.

  • Request that your physician send your prescription to the Texas Compassionate Use Registry (CURT)

  • After your application is accepted by a licensed physician, you can pick up your prescription from a licensed dispensary.

Patients of any age can acquire prescriptions for low-THC cannabis. For patients under the age of 18, legal guardianship is necessary.

Don't forget to bring a valid ID to the dispensary that includes your name, age, Social Security number, and birthdate.

To know more about CUP, you may contact:

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

How Has Cannabis Legalization Impacted the Economy of Montgomery County?

Texas continues to restrict marijuana use for recreational purposes, and there is currently no state sales tax in place for medical marijuana. Nonetheless, the state levies application and license fees to medical marijuana retailers.

In June 2021, the University of Texas at Austin conducted a poll on the legalization of marijuana for recreational use, and the results are as follows:

  • 13% stated that marijuana possession should always be illegal

  • 27% of respondents believed marijuana possession should only be done for legal purposes

  • According to 31% of respondents, marijuana use in moderation should be permitted for any purpose

  • 29% believed marijuana possession in any amount for any purpose should be legal

It is still unclear whether Texas lawmakers will decide to legalize marijuana for recreational use, despite the fact that the majority of Texas residents may or may not be in favor of it. If Texas eventually adopts and enforces restrictions governing its use, the state's economy will undoubtedly benefit from recreational marijuana sales and earnings, as it has in other states that allow it.

The Effects of Cannabis Legalization on Crime Rates in Montgomery County

The Montgomery County Sheriff's Office's data generated from the FBI crime report for the years 2014, 2015, and 2016 demonstrate a decreasing amount of DUI cases, from 971 to 604 and 493 instances, respectively. The number of marijuana-related arrests also varied from 361 to 245 and 326 cases in 2014, 2015, and 2016, respectively. Keep in mind that Texas authorized low-THC medical marijuana in 2015.

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