Yes. In Nueces County, low-THC cannabis is only for medical use. That being said, marijuana can only be grown in licensed dispensaries for medical use. Only qualifying patients with specific medical conditions are allowed to receive low-THC cannabis prescriptions from certifying doctors under Texas' Compassionate-Use Program (CUP). Low-THC cannabis is defined by the CUP Section 169.001 as the Cannabis sativa L. plant, any chemical, or any portion of that plant that contains not more than 1% by weight of THC or tetrahydrocannabinol. Texas continues to ban the recreational use of cannabis.
Licensed dispensing organizations are only permitted to grow low-THC cannabis if they have training and experience in cultivation, analytical laboratory techniques, and organic chemistry and microbiology. This is according to Texas Administrative Code, Chapter 12, Subchapter B. The law also stipulates that low-THC cannabis must be grown in an enclosed space that is secure and hidden from public view.
According to Title 21 Code of Federal Regulations, Section 1301.72, post-cultivation low-THC cannabis must be kept in a lockable safe or metal locking container. In addition, Texas's medical marijuana laws only allow patients to consume the recommended amount of low-THC cannabis. Cannabis smoking is not allowed.
Yes, it is legal to manufacture cannabis in Nueces County. Cannabis manufacturers are required to register with the Federal Drug Enforcement Administration in order to manufacture, distribute, possess, analyze, or dispense cannabis in line with the Texas Controlled Substances Act.
Additionally, manufacturers must let inspections of audits or records of sales be made at any time by a peace officer or a representative of the Texas Department of Public Safety. They must refrain from interfering with the department's audit, thorough inspection, or record-copying processes. With that said, cannabis businesses must maintain records and inventories to abide by whatever rules the department adopts as well as the recordkeeping requirements of federal law. In accordance with Administrative Rule 12.7, all properties must be at least a thousand feet distant from any daycare or school that operated before the license application date.
The Texas Compassionate-Use Act specified the following eligibility under Section 487.102 for cannabis manufacturing businesses to operate in the state of Texas:
the financial means to sustain operations for at least two years following the date of license application
the technical know-how necessary to grow and manufacture low-THC cannabis
the capacity to uphold accountability for the raw materials, byproducts and finished products utilized and generated during the cultivation and manufacture of low-THC cannabis in order to prevent unauthorized access to such resources and goods
the ability to secure all persons, resources, and facilities required for the operation, with a location that enables qualified patients under the compassionate-use registry to access the dispensing organization
Yes. Nueces County permits the sale of cannabis, but only for medical use. Before providing low-THC cannabis to a certified patient, the dispensary is required under the Compassionate-Use Act Section 487.107 to confirm that the prescription:
Displays the person's name who is listed on the compassionate-use registry.
Matches the total dosage or amount of low-THC cannabis that must be filled and the information obtained in the compassionate-use registry
Has not yet been filled or signed by another dispensing organization in compliance with the entry in the compassionate-use registry
The dispensary must enter all necessary information, including the date, time, and quantity of low-THC cannabis supplied, in the compassionate-use registry after the low-THC cannabis has been given to the verified patient. Edibles are among the permitted varieties of low-THC cannabis. The sale of other forms, such as oils or those intended for smoking, is not permitted.
Delivery of low-THC cannabis and cannabis plants between dispensing organizations is permitted, as stated in Texas Administrative Code Chapter 12, Subchapter A. However, the delivery of marijuana to qualified patients is a crime according to Texas Controlled Substances Act Section 481.120. In the State of Texas, only low-THC cannabis prescriptions are allowed to be delivered by authorized dispensaries.
Texas does not offer medical marijuana ID cards. Instead, patients must obtain a prescription from a doctor participating in the Compassionate-Use Program. Patients with intractable epilepsy were the only ones eligible for the Compassionate-Use Program at first. However, Texas has subsequently increased the list of qualifying medical conditions. Patients who suffer from the following medical problems stated in Texas Occupations Code, Section 169.003 are currently eligible for the Texas Compassionate-Use Program:
a seizure disorder
amyotrophic lateral sclerosis
post-traumatic stress disorder
Patients may be given low-THC cannabis if:
Texas is the patient's home state
The patient has a qualifying medical condition
A registered practitioner prescribes, believing that the benefit of medical cannabis outweighs the risk
In order to apply for the Compassionate-Use Program (CUP), you must:
Locate a Nueces County CUP Registered Physician and provide proof of an eligible medical condition
Have your physician submit your prescription to the Compassionate-Use Registry of Texas (CURT)
Once a licensed physician has authorized your application, you may pick up your prescription from a licensed dispensary
Patients of any age may obtain prescriptions for low-THC cannabis. Patients under the age of 18 may need legal guardianship.
Take note that you'll need to bring a valid ID to the dispensary that includes your name, age, Social Security number, and date of birth.
For more information on 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
The use of marijuana for recreational purposes remains prohibited in Texas, and the state does not currently impose a sales tax on medical marijuana. Meanwhile, Texas charges medical marijuana dispensaries for licensure and application costs.
According to a University of Texas at Austin survey done in June 2021 on the topic of recreational marijuana legalization:
13% believed that marijuana possession has to be illegal at all times
27% believed that marijuana possession should be for legal use
31% believed that having little amounts of marijuana for any purpose should be permissible
29% believed that having any amount of marijuana for any purpose should be permissible
It has been reported that Texas lawmakers want to legalize marijuana for recreational use, but it remains unclear whether the majority of Texans will support this. The Texan state's economy will undoubtedly benefit more from recreational marijuana sales and earnings like other states where the recreational use of marijuana is allowed if it ultimately adopts and enforces rules governing its use.
The FBI crime report shows that the data generated by Nueces County Sheriff's Office presents an increasing number of DUI cases for the years 2014, 2015, and 2016, from 248 to 143 and 140 cases, respectively. Meanwhile, the number of marijuana-related arrests for 2014, 2015, and 2016 has also dropped from 103 to 62 and 47 cases, respectively.
Keep in mind that Texas allowed the use of low-THC medical cannabis in 2015.