Chapter 487 of the Texas Health and Safety Code legalized only the cultivation of medical cannabis with low-tetrahydrocannabinol (THC) content in Tom Green County. The definition of low-THC cannabis by the Texas Occupations Code Chapter 169 is cannabis with 1% or lower THC by weight. No county or municipality may ban the licensed cultivation of low-THC medical cannabis, according to Section 487.201 of Texas Health and Safety Code Chapter 487.
The Compassionate Use Program (CUP) which was established in 2015 by the Texas Department of Public Safety (DPS) manages everything with regard to medical cannabis. For the commercial cultivation of low-THC medical cannabis in Tom Green County, a medical cannabis dispensing organization license granted by the Texas DPS CUP must be sought by a company.
The license includes the authority not only for low-THC medical cannabis cultivation but also for manufacturing and retail. The company must, therefore, prove that it is technically and technologically equipped for these tasks.
A licensed cultivation facility, as per Chapter 12 of the Texas Administrative Code, must be located in the proper district zone for that use, and not less than 1,000 feet from a public or private school or daycare establishment. CURT registration is required for all employees, management, and company owners and directors.
The licensee shall enforce strong security protocols to prevent illegal entry, misdirection, and stealing of medical cannabis and medical cannabis products. Any area of the property utilized for medicinal cannabis cultivation, manufacture, or storage must be protected by a solid wall and a locked door unless authorized people are passing through. A sturdy mechanical lock must be installed and must meet life safety standards. To monitor all medical cannabis crops, plant materials, produced items, and byproducts, an inventory system must be implemented. Licensees are responsible for ensuring the proper disposal of medical cannabis waste.
Furthermore, all relevant rules of Title 4 Part 1 of the Texas Department of Agriculture Administrative Code and the Texas Agriculture Code must be complied with by the licensed low-THC medical cannabis cultivation facility.
The manufacturing of only low-THC medical cannabis products in Tom Green County is legal, according to Chapter 487 of the Texas Health and Safety Code. Section 487.201 of Chapter 487 disallows the banning by any county or municipality of licensed low-THC medical cannabis product manufacturing.
The medical cannabis dispensing organization license given by the Texas DPS CUP is the same one required for the commercial manufacturing of low-THC medical cannabis products in Tom Green County. Licensees must likewise comply with the same requirements.
Moreover, all licensed low-THC medical cannabis product manufacturers must follow these regulations of the Texas Administrative Code Chapter 12.7:
County codes for fire, buildings, and safety must be observed by licensed low-THC medical cannabis manufacturers.
Drinkable water must be used by licensed low-THC medical cannabis manufacturers in extracting medical cannabis.
Only registered individuals with proper prior training must be allowed by licensed low-THC medical cannabis manufacturers to extract medical cannabis.
A medical cannabis extraction method that is safe, compliant with engineering standards, and designed for commercial manufacturing must be used by licensed low-THC medical cannabis manufacturers.
Random sampling tests done on every batch of manufactured medical cannabis products must be ensured by licensed low-THC medical cannabis manufacturers to check THC and cannabidiol (CBD) concentrations.
All medical cannabis and medical cannabis products must be packaged in childproof containers by licensed low-THC medical cannabis manufacturers.
The retail selling of only low-THC medical cannabis and low-THC medical cannabis products in Tom Green County is legal, in accordance with the Texas Health and Safety Code Chapter 487. Retailers need to be licensed to do so and may only sell to patients and legal guardians who are part of the Compassionate Use Registry of Texas (CURT). All counties and municipalities are required by Section 487.201 of the Texas Health and Safety Code Chapter 48 to allow cannabis retail sales.
Retailers are required to hold the same medical cannabis dispensing organization license issued by the Texas DPS CUP and licensees must comply with all attached requirements.
Medical cannabis is defined by Texas Occupations Code Chapter 169 as specifically excluding any smokable form of cannabis. That is why smoked cannabis of any type is prohibited for sale in any licensed dispensary. Besides that, any form of low-THC medical cannabis and medical cannabis products is permitted if the item does not exceed 0.5% THC content and does not fall below 10% CBD content.
These duties must be fulfilled strictly by the dispensaries of licensed medical cannabis dispensing organizations:
Licensed dispensary personnel are required to verify the following prior to any purchase:
A valid government-issued photo ID must be sought from the patient or legal guardian as proof of identity.
The patient or legal guardian must be listed on the online CURT.
The CURT prescription and the patient’s or legal guardian’s identity must match.
The patient’s written order and CURT prescription must match.
For the current period, the prescription must still be unfilled.
Licensed dispensary personnel are required to enter the following data on the CURT after any sale:
The purchase date and time
The purchased volume of low-THC medical cannabis or medical cannabis products
The delivery in Tom Green County of low-THC medical cannabis and low-THC medical cannabis products is legal as provided for by Chapter 487 of the Texas Health and Safety Code. Only licensed medical cannabis dispensing organizations may do the deliveries and only to patients and legal guardians registered with the CURT. All counties and municipalities have to permit such deliveries according to Chapter 487 Section 487.201.
It is not always easy for patients and caregivers who are registered in the CURT to have access to licensed medical cannabis dispensing organization locations. They are, therefore, permitted to order online or by phone any prescribed low-THC medical cannabis and low-THC medical cannabis product to be delivered to them. It is the responsibility of the licensed dispensary to check with the CURT online for the purchaser’s registration and prescription. When delivering the purchase, the licensed dispensary personnel are obliged to ask the registered patient or caregiver for proof of identity through a valid government-issued photo ID before releasing the goods.
In Texas, the DPS CUP is not issuing medical marijuana cards. Instead, the free CURT registration online must be accomplished by patients and any required legal guardians who must all be permanently residing in Texas. Access to any data they provide will be available for law enforcement agencies access.
After the application is accepted, low-THC medical cannabis and low-THC medical cannabis products may be purchased from a licensed dispensary by the patient or legal guardian by showing a valid government-issued photo ID card containing their name, date of birth, and their Social Security number’s last five digits.
Patients must first be found by a CUP-registered physician to be afflicted with any of the following illnesses:
Incurable neurodegenerative disease
Post-traumatic stress disorder
Amyotrophic lateral sclerosis
Every patient is permitted to have only one prescribing health practitioner. The patient must release a signed written consent to authorize the doctor to register on the online CURT the patient’s personal data and medical cannabis prescription. For underaged patients below 18, the doctor must also register in the CURT a legal guardian who will do the purchasing of the prescribed medical cannabis.
More information may be requested from the following:
Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
The state does not levy sales taxes on medical marijuana, as declared by the administrative mandates of the Texas Low-THC Cannabis Program. Only licensing fees from medical cannabis enterprises generate revenue for the state. All applicants for a medical cannabis business license must pay a $7,356 application cost. A $530 registration fee is charged if the application is successful, with an additional licensing fee of $488,520. A $318,511 renewal fee is required for the license renewal every two years.
Medical cannabis in Tom Green County was legalized in 2015. Data from the Tom Green County Sheriff's Office on the FBI’s Crime Explorer page shows that in 2014, there were 79 arrests for marijuana offenses, all of which were for marijuana possession.
After legalization, in 2016, there were 83 marijuana possession arrests and one marijuana manufacturing or sales arrest, totaling 84 arrests for marijuana offenses.
In 2017, there were 100 marijuana possession arrests and two marijuana manufacturing or sales arrest, totaling 102 arrests for marijuana offenses.
In 2018, there were 97 marijuana possession arrests and 12 marijuana manufacturing or sales arrest, totaling 109 arrests for marijuana offenses.
In the latest available data in 2021, this decreased to a total of 26 arrests for marijuana offenses, all of which were for marijuana possession.
There were 136 DUI arrests in 2014. After legalization, there were 87 arrests in 2016, 93 arrests in 2017, 65 arrests in 2018, and 47 DUI arrests in the latest data in 2021.