Fact Checked by Doctor NameIntroduction of Texas Medical Marijuanas Laws
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Texas has historically maintained the strictest anti-marijuana policies. Possession of any quantity, even for medical purposes, might lead to criminal sanctions.
Recently, however, public attitudes have shifted dramatically in favor of reform. 2015, Texas took its first step by passing a highly limited medical marijuana law.
Additional incremental progress came in 2019 and 2022 by expanding qualifying conditions and increasing legal THC limits.
Yet advocates argue that much more remains needed to provide reasonable patient access and reduce criminalization.
This article outlines the history that led Texas to its current restrictive policies and the ongoing efforts to expand legal medical access.
It also covers issues like hemp/CBD rules, attempts at recreational legalization, public consumption laws and equity concerns. The future of cannabis in conservative Texas remains hotly contested.
Historical Context of Texas Medical Cannabis Laws
Texas initially banned all marijuana use and possession in 1931 under the Uniform Narcotic Drug Act.
In 1973, cannabis was classified as a highly illegal Schedule I substance, declaring it had no medical value. As other states began permitting medical use, Texas political leaders held out.
Bills repeatedly failed in the legislature due to opposition from conservative lawmakers and law enforcement groups.
Limited access only arrived in 2015 when Governor Abbott signed the severely constrained Compassionate Use Act after intense advocacy. But the slow pace of reform has frustrated voters.
Recent polling shows that over 80% of Texans support significant medical marijuana expansion. With public attitudes shifting, advocates demand policies reflecting the pro-reform views of a strong majority.
Ongoing activism continues lobbying legislators to provide reasonable access and move towards a sensibly regulated system.
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Current Legal Status: Is Marijuana Legal in Texas?
Medical Marijuana in Texas
The Compassionate Use Act of 2015 legalized the possession, use, and sale of marijuana containing under 0.5% THC for medicinal use by patients with qualifying conditions.
Qualifying Medical Conditions and Patient Registration
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Patients Medical Conditions Include:
- Amyotrophic Lateral Sclerosis (ALS)
- An incurable neurodegenerative disease*
- Autism
- Cancer
- Epilepsy
- Multiple sclerosis (MS)
- Post-traumatic stress disorder (PTSD)
- Seizure disorder
- Spasticity
- A medical condition approved for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program.
Obtaining Medical Marijuana Cards
Patients must follow several steps to register for the Texas Compassionate Use Program and obtain a medical marijuana ID card:
- Patients must be
- Diagnosed with a qualifying condition by two physicians registered in the Texas Compassionate Use program.
- Complete the comprehensive registry application with physician approval and submit it with a $50 fee to the Department of Public Safety (DPS).
- DPS reviews applications, conducts criminal background checks, and tries ID cards, allowing legal access if approved.
- Cards must be renewed annually by re-verifying the qualifying condition still exists with a registered doctor.
- Streamlining the lengthy application and renewal process would ease access burdens for suffering patients per advocates.
Access to Medical Marijuana Dispensaries
Many qualified patients in Texas cannot access medical marijuana due to a lack of permitted firms.
- Initially, only 3 licensed dispensaries operated statewide, requiring extremely long drives for many patients.
- The 2021 expansion raised the total locations to 12 across Texas. Recently, 10 additional licenses were authorized, expanding future geographic access.
- However, advocates argue many more dispensaries are critically needed to adequately serve the over 1 million potential medical marijuana patients in Texas based on qualifying conditions.
- Legal restrictions allowing only low-THC products like oils while prohibiting raw flowers and edibles severely limit treatment options.
- The goals should be more dispensaries, expanding legal products, and reducing costs through insurance coverage to truly fulfill medical program intent.
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Recreational Use in Texas
- Marijuana remains entirely illegal for recreational adult use in Texas.
- A misdemeanor conviction of under 2 oz might result in 180 days in prison and a $2,000 fine.
- Possession of 2-4 oz is a crime punishable by 6–2 years in jail and $10,000 penalties.
- Repeat possession offenses can trigger mandatory minimum sentences.
- Trafficking marijuana or concentrates is a felony with harsh penalties based on weight. Extracts are treated more severely with 1-99 grams carrying up to a 20-year sentence.
- Nearly 65,000 Texans per year are arrested for marijuana possession, according to advocacy groups like NORML and MPP.
Hemp and CBD Regulations
- Texas legalized hemp cultivation and sale of hemp-derived CBD products in 2019 under House Bill 1325.
- Hemp is cannabis with less than 0.3% THC.
- In Texas, shops may sell CBD oils, edibles, topicals, and other items that satisfy the THC limit.
- The Texas Department of Agriculture runs the state industrial hemp program, issuing growing licenses.
- Despite federal legalization, some local law enforcement agencies still put up roadblocks to legal hemp sales. Raids on smoke shops selling CBD occasionally still occur.
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Marijuana Cultivation and Home Growing in Texas
- Home cultivation of marijuana plants remains completely illegal in Texas, even for registered medical marijuana patients.
- Only a handful of licensed Compassionate Use dispensaries can legally grow medical cannabis in regulated facilities.
- The Texas Department of Public Safety oversees the regulation of legal medical marijuana providers.
- An industrial hemp cultivation program managed by the Texas Department of Agriculture issues license growers meeting requirements.
- Legal hemp crops must contain less than 0.3% THC. Random testing is conducted.
- Illegal unlicensed growing carries steep criminal penalties, especially for repeat offenses or large quantities. Wide Scale illegal growth remains an enforcement focus.
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Weed Sales and Distribution in Texas
- Only state-licensed dispensaries approved under the Compassionate Use program can provide medical weed products legally to registered Texas patients.
- As of 2022, there are 12 approved locations after initial expansion beyond the original 3 dispensaries licensed in 2015.
- An additional 10 dispensary license applications were accepted in 2022 and are expected to open over the next year to improve patient access.
- Dispensaries are limited to selling products like oils, tablets and ointments with less than 1% THC. Raw flower marijuana and edibles remain illegal.
- Unlicensed sales, distribution or possession with intent to distribute marijuana carries severe criminal penalties in Texas. Trafficking over 50-2000 lbs leads to a mandatory minimum 5-year sentence.
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Public Consumption and DUI Laws
- It remains illegal to consume or display marijuana in public places in Texas. Registered patients must medicate privately.
- Landlords and public housing authorities can also prohibit use on their properties.
- Driving under the influence remains illegal for all drivers, regardless of medical marijuana status. However, enforcement remains a challenge.
- Texas has a per se intoxication law, meaning any amount of THC in the blood is grounds for a DWI conviction, with no need to prove actual impairment. This is controversial among advocates.
- In 2019, a bill to approve oral fluid testing use failed due to law enforcement groups’ opposition. Blood testing remains the standard.
Cannabis Social Equity and Legalization in Texas
- Social equity and criminal justice reform have become central issues among cannabis legalization advocates in Texas.
- Current medical marijuana law provides no mechanism for review of prior records or assistance to impacted communities.
- If expanded medical or recreational laws pass, ensuring equity will be crucial. Automating expungement of past cannabis arrests has majority citizen support in polls.
- Equity for minority business owners and preventing market domination by multi-state operators are also cited as important by advocates.
Marijuana Recent Legislative Changes in Texas
- In April 2022, House Bill 1535 expanded Texas’ low-THC medical marijuana program. PTSD and all cancer types were added as qualifying conditions.
- The bill also increased medical marijuana THC limits from 0.5% to 1%.
- After many unsuccessful Compassionate Use Act expansion efforts, the law was passed with bipartisan backing.
- Also, in 2022, broader bills for adult-use legalization, decriminalization, and expanding medical conditions stalled without Senate votes after progressing in the House.
Ongoing Advocacy Efforts in Texas
Advocates for marijuana reform continue lobbying and educating lawmakers on benefits and public support:
- State groups like TX NORML, Texas Marijuana Policy Project, and RAMP have chapters across Texas organizing events, activism initiatives, and direct lobbying.
- National organizations like NORML, Marijuana Policy Project, Minority Cannabis Business Association, Last Prisoner Project and others devote resources to changing Texas policies.
- Focusing on the human stories of patients helped secure the passage of the 2022 PTSD addition. This strategy continues alongside data-driven arguments.
- Record voter turnout in support of Democrats and some swing Republicans in 2022 was influenced by cannabis issues. Direct voter outreach will escalate.
Potential Timeline for Further Reform in Texas
While challenging, further progress is likely on both medical access and possible decriminalization:
- 2023: Additional medical conditions added, like chronic pain and opiate use disorder. Legal protections for medical use may pass.
- 2024: Comprehensive medical marijuana expansion bill possible depending on legislative makeup. Decriminalization bill has a chance.
- 2025-2026: If Democrats gain ground, an adult-use legalization vote is possible but would face the Governor’s veto. Decriminalization becomes more viable.
- 2027-2028: With public support rising over 75%, full cannabis legalization enters the realm of possibility in Texas.
Frequently Asked Questions
Q: What are Texas’ medical marijuana laws?
A: Texas allows restricted medical usage of low-THC marijuana products (under 1% THC) for cancer, PTSD, epilepsy, and multiple sclerosis patients.
State-issued medical marijuana ID cards are required. Only licensed dispensaries sell authorized drugs.
Q: Are There Still Penalties for Marijuana Possession in Texas?
A: Outside of the narrow medical program, marijuana remains illegal in Texas. Possession of any amount could result in fines, jail time, or felony charges, depending on the quantity and criminal history.
Most advocates are pushing for decriminalization as a next step.
Q: How Can I Stay Informed About Marijuana Laws in Texas?
A: You can register for email updates from advocacy groups like Texas NORML, MPP, and local organizations. Also, follow media coverage on legislative sessions.
Contacting your elected representatives directly is the most impactful way to influence policy changes.
Q: What Reform Bills Are Up for Debate in Texas in 2023?
A: Bills filed for the 2023 session include further expanding medical conditions, protecting medical users’ gun ownership rights, decriminalizing adult-use legalization, and allowing raw whole-flower medical marijuana.
Their fate depends on committee votes and full legislative passage, followed by the Governor’s position.
Q: Could Recreational Marijuana Be Legalized Soon in Texas?
A: While many lawmakers still oppose adult-use legalization, public support continues rising rapidly.
Texas could follow paths like Connecticut, New York and Virginia towards full legalization within 5-7 years if advocacy momentum continues. But it will likely require Democratic control of the legislature and a new Governor open to signing legalization.
Q: What medical conditions qualify for medical marijuana in Texas?
A: The list of qualifying conditions in Texas remains very limited compared to most states.
It includes epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, autism, terminal cancer, PTSD, Parkinson’s, Alzheimer’s, and other chronic diseases. Advocates continue to push for expanding this list.
Q: Can Texans legally grow marijuana plants at home?
A: Home cultivation remains prohibited even for registered medical marijuana patients in Texas. Only state-licensed dispensaries can legally grow medical cannabis currently.
Q: Where can I find a list of legal medical marijuana dispensaries in Texas?
A: The Texas Department of Public Safety maintains a list of approved licensed dispensaries on its website. Currently, there are 12 active locations, with approximately 10 more approved for future openings statewide.
Q: What are the rules around public use of medical marijuana in Texas?
A: It remains illegal to consume medical cannabis in any public place in Texas. Registered patients must medicate on private property away from public view. Landlords can also prohibit use.
Q: Is recreational marijuana legal anywhere in Texas yet?
A: No, recreational adult use remains prohibited statewide.
However, several major Texas cities like Austin and San Antonio have enacted local policies to deprioritize enforcement for low-level marijuana possession. But state policy change is still needed.
Conclusion
While Texas historically lagged behind other states in reforming marijuana policies, modest but important progress has occurred in recent years for medical use.
The state took small steps with the limited 2015 Compassionate Use Act and 2022’s PTSD addition. However, the vast majority of patients still lack legal access. Stigmas and access challenges persist.
At the same time, possession still results in criminal charges and harsh penalties in most cases. Yet public opinion has shifted definitively in favor of broader reform.
Advocates continue pressure on legislators to expand the legal medical program and offer a pathway to regulate adult-use marijuana.
While an uphill climb remains in the conservative state legislature, Texas is likely to continue inching toward greater cannabis acceptance.
With determination from activists, Texans will eventually achieve laws that reflect the pro-reform views of a strong majority.
