Only the cultivation of medical cannabis with low-tetrahydrocannabinol (THC) content in Wichita County is legal as stipulated by Chapter 487 of the Texas Health and Safety Code. Low-THC cannabis, according to the Texas Occupations Code Chapter 169, has THC content by weight of only 1% or less. A county or municipality may not prohibit the licensed cultivation of low-THC medical cannabis as mandated by the Texas Health and Safety Code Chapter 487 Section 487.201.
All medical cannabis matters are managed by the Compassionate Use Program (CUP) which the Texas Department of Public Safety (DPS) formed in 2015. For any company to commercially cultivate cannabis in Wichita County, it must obtain a medical cannabis dispensing organization license from the Texas DPS CUP.
The licensee will be authorized not just to cultivate low-THC medical cannabis but to manufacture low-THC medical cannabis products and retail low-THC medical cannabis and low-THC medical cannabis products, as well. Any applicant is, therefore, expected to prove technical and technological competence in all those areas.
Chapter 12 of the Texas Administrative Code requires that a licensed cultivation facility must be established in the appropriate district zone for that purpose. It must be 1,000 feet or farther from a daycare institution or private or public school. Registration in the CURT is obligatory for all company personnel, managers, directors, and owners.
The licensee must implement heavy security mechanisms to prevent unauthorized entrance, misdirection, and robbery of medical cannabis and medical cannabis products. Unless authorized personnel are passing through, any section of the premises used to grow, manufacture, or keep medical cannabis must be protected by a strong wall with a bolted door. A strong mechanical lock that meets life safety requirements must be fitted. An inventory system must be maintained for the close monitoring of all medical cannabis crops, plant materials, manufactured items, and byproducts. The proper disposal of all medical cannabis waste is the responsibility of the licensee.
Only low-THC medical cannabis product manufacturing in Wichita County is legal, in compliance with the Texas Health and Safety Code Chapter 487. Section 487.201 of the Chapter does not permit a county or municipality to ban licensees from engaging in such commercial activities.
The same medical cannabis dispensing organization license obtained from the Texas DPS CUP is required for the commercial manufacturing of low-THC medical cannabis products in Wichita County. The same requirements must also be followed by licensees.
Furthermore, these listed rules from the Texas Agriculture Code all apply to licensed low-THC medical cannabis product manufacturers:
Licensed manufacturers of low-THC medical cannabis must observe the safety, fire, and building codes of the county.
Licensed manufacturers of low-THC medical cannabis must use water that is clean enough to drink when extracting medical cannabis.
Licensed manufacturers of low-THC medical cannabis must allow medical cannabis extraction to be done only by people who are properly trained and registered.
Licensed manufacturers of low-THC medical cannabis must use only a safe medical cannabis extraction system that is complying with engineering principles and has a commercial manufacturing design.
Licensed manufacturers of low-THC medical cannabis must have testing done on random samples of each manufactured medical cannabis product batch to measure concentrations of THC and cannabidiol (CBD).
Licensed manufacturers of low-THC medical cannabis must use only childproof containers for all their products.
Only the retail selling of low-THC medical cannabis and low-THC medical cannabis products in Wichita County is legal by virtue of the Texas Health and Safety Code Chapter 487. Only patients and legal guardians who are listed in the Compassionate Use Registry of Texas (CURT) may purchase these from licensed retailers. All counties and municipalities are mandated to allow this by the Texas Health and Safety Code Chapter 487 Section 487.201.
Companies intending to sell low-THC medical cannabis and low-THC medical cannabis products must also apply for the same medical cannabis dispensing organization license from the Texas DPS CUP. They must be compliant with the same rules and requirements, as well.
Smokable cannabis is singled out by Texas Occupations Code Chapter 169 as an exclusion in its definition of medical cannabis. Licensed dispensaries are, therefore, prohibited from selling any type of smokable cannabis. Apart from it, all low-THC medical cannabis and medical cannabis products with at least 10% CBD and a maximum of 0.5% THC content are allowed. Among these are edibles, tinctures, oils, topicals, and lozenges.
The following duties of the dispensaries of licensed medical cannabis dispensing organizations must be stringently fulfilled:
Every employee of the licensed dispensary attending to a purchase must first validate the following:
The patient’s or legal guardian’s identity is verified against their valid government-issued photo ID.
The patient’s or legal guardian’s CURT registration is verified online.
The online CURT prescription was issued for the patient making the purchase or the legal guardian’s patient.
The patient’s written order matches the CURT prescription.
The prescribed medical cannabis for the period has not yet been purchased.
Every employee of the licensed dispensary who has made a sale must afterward document the following on the CURT:
The purchase time and date
The quantity of low-THC medical cannabis or medical cannabis products purchased
Only licensed medical cannabis dispensing organizations are authorized to legally deliver only low-THC medical cannabis and low-THC medical cannabis products in Wichita County, in accordance with Chapter 487 of the Texas Health and Safety Code. Deliveries may only be made to CURT-registered patients and legal guardians. Chapter 487 Section 487.201 requires that all counties and municipalities have to permit this.
CURT patients and caregivers sometimes have difficulty gaining access to locations of licensed medical cannabis dispensing organizations. Therefore, they are allowed to convey their orders of low-THC medical cannabis and low-THC medical cannabis product prescriptions by phone or online for subsequent delivery. The licensed dispensary is responsible for validating with the online CURT the registration and prescription of the buyer. Before releasing the purchased cannabis upon delivery, the licensed dispensary employee must first ask for the recipient’s valid government-issued photo ID to verify identity.
Medical marijuana cards are not released in any physical form in Texas. The free registration in the CURT will suffice for patients and any needed legal guardians who are required to be residing permanently in Texas. Data from applicants are open to the access of law enforcement agencies.
Upon acceptance of the application, any low-THC medical cannabis and low-THC medical cannabis product purchase may be made from any licensed dispensary by the patient or legal guardian through the presentation of a valid photo ID card issued by the government stating their name, birth date, and the last five parts of their Social Security number.
To qualify, a patient must be suffering from one of the listed medical conditions, as diagnosed by a CUP-registered physician:
Amyotrophic lateral sclerosis
Post-traumatic stress disorder
Incurable neurodegenerative disease
A patient is only allowed one prescribing health professional. To authorize the physician to register on the CURT online the personal information and medical cannabis prescription of the patient, the latter must sign a written consent. For patients younger than 18 years old, a legal guardian is required to make medical cannabis purchases. The physician must register the legal guardian in the online CURT.
Queries may be directed to the following:
Texas Department of Public Safety
Compassionate Use Program - MSC 0240
PO Box 4087
Austin, TX 78773-0240
Landline: (512) 424-7293
There are no sales taxes imposed by the state on medical cannabis, according to the Low-THC Cannabis Program Administrative Rules of Texas. The state benefits only from the medical cannabis companies’ application and license fees. A medical cannabis business license application costs $7,356, and the registration fee upon acceptance is $530. There is then a $488,520 licensing fee. Renewal is required every two years with a fee of $318,511.
Data from the Wichita County Sheriff's Office on the FBI’s Crime Explorer page shows that in 2014, there were 71 marijuana possession arrests and two marijuana manufacturing or sales arrests, totaling 73 arrests for marijuana offenses.
After legalization, in 2016, there were 169 marijuana possession arrests and one marijuana manufacturing or sales arrest, totaling 170 arrests for marijuana offenses.
In 2017, there were 134 marijuana possession arrests and four marijuana manufacturing or sales arrest, totaling 138 arrests for marijuana offenses.
In 2018, there were 70 marijuana possession arrests and three marijuana manufacturing or sales arrest, totaling 73 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 104 arrests in 2016, 114 arrests in 2017, 60 arrests in 2018, and 47 DUI arrests in the latest data in 2021.