It is legal to cultivate cannabis in Webb County but this is limited to the cultivation of low- tetrahydrocannabinol (THC) medical cannabis by the Texas Department of Public Safety’s Compassionate Use Program (CUP) created by the 2015 Texas Health and Safety Code Chapter 487. The Texas Occupations Code Sec. 169.001 defines low- tetrahydrocannabinol (THC) medical cannabis as containing not more than 1% THC by weight, whether in any cannabis plant part or derivative, resin, salt, or oil.
Section 487.201 of the Health and Safety Code’s Chapter 487 forbids any county or municipality to disallow the cultivation of low-THC medical cannabis.
A company is required to apply for a license to be granted by the Texas Department of Public Safety to commercially cultivate low-THC medical cannabis legally. Texas Administrative Code Chapter 12 states that licensed marijuana enterprises can only be set up in locations that have been approved for that purpose. Growers need to be technically and technologically capable of cultivating low-THC medical cannabis.
In addition, cannabis-growing companies are charged with the responsibility of preventing illegal access to their by-products and plants. They should be able to keep track of all raw materials, completed goods, and any byproducts in order to avoid unauthorized access to these substances and their diversion. Finally, it is required that access to growing, production, or product storage sections be restricted by a physical barrier with a mechanical lock that complies with life safety regulations. The barrier must be closed and locked when not used for entry or exit.
It is legal to manufacture cannabis in Webb County but the Texas Health and Safety Code’s Chapter 487 restricts this to the manufacturing of low-THC medical cannabis containing just 1% THC or lower by weight by licensed manufacturers. Chapter 487’s Section 487.201 prohibits any county or municipality to forbid the manufacturing of low-THC medical cannabis.
Companies need to apply for a license from the Texas Department of Public Safety to legally manufacture low-THC medical cannabis. Licensed medical marijuana manufacturers are required to possess the technological and technical expertise to process medical marijuana. They are responsible for upholding the highest security standards to safeguard all of the items they produce, including the raw materials and waste products from production.
Licensed cannabis producers must fulfill the following conditions in addition to abiding by the relevant rules of the Texas Agriculture Code:
Representative samples of all products made should be tested for THC and cannabidiol (CBD) content concentrations.
All applicable fire, safety, and building code requirements must be followed by facilities.
A certificate attesting to the cannabis extraction system's commercial manufacture design, safety for intended use, and development with adherence to accepted engineering principles is required. A registered and appropriately trained person must manage the entire extraction procedure.
Only potable water may be used for the extraction of products.
All products must be packaged in child-resistant containers.
It is legal to sell cannabis by retail in Webb County but Texas Health and Safety Code Chapter 487 limits this to the sale of low-THC medical cannabis and low-THC medical cannabis products to patients and caregivers registered in the online Compassionate Use Registry of Texas (CURT). Section 487.201 of Chapter 487 disallows any county or municipality from banning the retail selling of low-THC medical cannabis and low-THC medical cannabis products to registered patients and caregivers.
Any smokable form of cannabis is illegal to sell and use in Texas, according to Texas Occupations Code Ch. 169.001. The sale of all other types of low-THC medical cannabis products, including oils, lozenges, tinctures, edibles, and others, by licensed dispensaries, is legal as long as each product has a minimum content of 10% CBD and a maximum content of 0.5% THC.
Companies must be licensed by the Texas Department of Public Safety to legally set up and operate medical cannabis dispensaries. There must be a minimum of 1,000 feet between a licensed medical marijuana store and a private school, public school, or daycare center.
The scientific and technological know-how essential to dispense medical cannabis is a requirement for licensed medical marijuana shops. Directors, managers, and staff members of dispensaries must all be CURT-registered. Their fingerprints will be obtained in order to conduct a criminal history check.
The following duties are under the purview of a licensed dispensary:
The patient has a record in CURT.
The patient purchasing the item is the one who has the prescription.
The prescription has not been supplied by another dispensary.
The total quantity of low-THC goods to be given to the patient fits the dose specified in the written order.
The time and date of the transaction
The total volume of low-THC medical marijuana that was supplied
It is legal for licensed dispensaries only to deliver cannabis in Webb County but this is restricted to the delivery of low-THC medical cannabis and low-THC medical cannabis products to patients and caregivers registered in the CURT, as ordered by the Texas Health and Safety Code’s Chapter 487. No county or municipality can prohibit delivery within these restrictions according to Chapter 487’s Section 487.201.
Patients are allowed to order their medical cannabis prescriptions online or through a phone call for delivery because there are not many physical locations of licensed dispensaries throughout the state. The dispensary must first cross-reference the patient's identity with the CURT upon ordering. Before the medical cannabis delivery is given to the patient or guardian, they must also show a legitimate ID to establish their identity.
In Webb County and in other counties of Texas, physical medical marijuana cards are not issued. The registration of patients and caregivers in the CURT is enough. The registration is free but applicants must know that the data will be accessed by law enforcement agencies.
Webb County residents must be permanent residents of the state to apply. To qualify, they must choose a CUP-registered physician who will examine them to determine if they have one of the following medical conditions:
● Seizure disorders
● Multiple sclerosis
● Amyotrophic lateral sclerosis
● Post-traumatic stress disorder
● Incurable neurodegenerative disease
Upon arriving at a diagnosis, the physician will ask the patient to sign an informed consent document. The prescription for medical cannabis is then entered into the CURT system online by the doctor along with the patient's identity. If the patient is a minor, the doctor will also put the name of the legal guardian in the CURT. A patient is allowed only one subscribing physician.
The patient must present at the dispensary a valid ID that includes their surname, birth date, and the last five digits of their Social Security number. Similar proof of identity must be provided by the caregiver as well.
For any questions about the CUP, patients and caregivers can contact the Texas Department of Public Safety by mail or by phone through the following:
Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
The Low-THC Cannabis Program Administrative Rules state that sales taxes are not imposed on medical marijuana in Texas but the state charges license fees to medical cannabis enterprises. There is a $7,356 cannabis business license application fee. Once the application is accepted, there will be a $530 registration cost in addition to a $488,520 license fee good for two years. The same registration payment plus a $318,511 renewal fee are due every two years.
The CUP legalized medical cannabis in 2015. According to data from the Webb County Sheriff’s Office on the FBI’s Crime Data Explorer page, in 2014, there were 159 arrests for drug abuse violations in the county, of which 97 were for marijuana possession. This decreased to 101 arrests for drug abuse violations in 2021, of which 32 were for marijuana possession and two were for marijuana manufacturing and sales.
There were 40 DUI arrests in 2014. This increased to 63 DUI arrests in 2021.