Cannabis Industrial Marketplace

Legal Standing of Cannabis for Texas

Texas Marijuana / Cannabis Medical Use Law: Illegal

  • The use of medical marijuana is illegal in Texas

Texas Recreational Marijuana / Cannabis Recreational Use Law: Illegal

  • The use of recreational marijuana is illegal in Texas

Marijuana in Texas

In Texas Marijuana is illegal for both recreational and medical purposes. However, on 1 June 2015, Senate Bill 339 was signed, legalizing the possession and use of low-THC cannabidiol (CBD) oil by patients for treatment of a limited number of severe conditions, including epilepsy. Patients must have a recommendation from a doctor before they may use the oil legally.

Texas Compassionate Use Act: 

Relating to the medical use of low-THC cannabis and the regulation of related organizations and individuals; requiring a dispensing organization to obtain a license to dispense low-THC cannabis and any employee of a dispensing organization to obtain a registration;

  • authorizing fees.
  • Authorizes a physician certified in neurology or epilepsy to prescribe “low-THC cannabis” to patients diagnosed with “intractable epilepsy” (Sec. 4).
  • Defines “low-THC cannabis” as any derivative of the plant Cannabis sativa L. that contains no more than 0.5 percent by weight of tetrahydrocannabinol and no less than 10 percent by weight of cannabidiol (Sec. 4).
  • Defines “intractable epilepsy” as a seizure disorder in which the patient’s seizures have failed to be controlled by 2 or more antiepileptic drug treatments (Sec. 4).
  • Authorizes the Department of Public Safety to issues licenses for the creation of “dispensing organizations” (Sec. 1).
  • Defines “dispensing organization” as a licensed organization with the sole duty of cultivating, processing, and dispensing low-THC cannabis to prescribed patients (Sec. 1).
  • Requires dispensing organizations to meet the following guidelines, including but not limited to (Sec. 1):
    • The licensee has the technical and technological abilities to produce low-THC cannabis;
    • The licensee has the resources and personnel necessary to operate as a dispensary; and
    • The licensee has the ability to maintain accountability for all products and materials used or produced in the cultivation or production of low-THC cannabis.

Medical Marijuana Facility Licensing

The Texas Compassionate Use Act (Senate Bill 339) was enacted by the Texas Legislature in 2015 (84th Legislative Session). The bill required DPS to create a secure registry of physicians who treat epilepsy for the purpose of prescribing low-THC cannabis to patients who have been diagnosed with intractable epilepsy. In addition, the bill required DPS to license at least three dispensing organizations by Sept. 1, 2017, should they meet the requirements. The license authorizes the organizations to cultivate, process and dispense low-THC cannabis to prescribed patients.

As of December 15, 2017, the department has issued three dispensing organization licenses: Cansortium Texas was licensed on September 1, 2017; Compassionate Cultivation was licensed on October 31, 2017; and Surterra Texas was licensed on December 15, 2017.

The Department’s Compassionate Use Program is not currently accepting applications for dispensing organization licenses. Cansortium Texas, Compassionate Cultivation, and Surterra Texas are currently licensed.

Medical Marihuana Facility Licensing Application