Need help navigating the complex medical marijuana laws in Texas? We’ve got you covered. With cannabis taking off all over the country and many parts of the world, you always need to be aware of where you stand legally. This helps you to learn your rights and will also help you stay away from potential penalties if you happen to live somewhere that isn't cannabis-friendly.
If you live in the state of Texas, you will definitely need to know where you stand in terms of medical weed.
When you want to learn more about Texas medical marijuana laws, read the points below.
Texas Medical Marijuana Laws
So is medicinal weed legal in Texas?
The simple answer is yes, but there are a lot of caveats and details. Cannabis legislation is complicated in most states, and Texas is no different. This is why it is so important to read up for yourself and understand the details.
Here's what you need to know about these laws:
1. Texas Is Vague On Low-THC Medical Marijuana
There are some limited ways to legally obtain medical cannabis in Texas.
The main thing to keep in mind about Texas cannabis law is that they only allow low-THC varieties. This means that you can only have cannabis that has .5 percent THC or lower.
Most Texas legal authorities don’t have equipment to measure the exact amount of THC in a substance. It’s expensive and resources are scarce. Therefore, they often err on the side of caution and pursue charges as if the substance in question is outright illegal.
Low-THC, high CBD plants are supposedly the only kinds that you can legally have, so if you have cannabis with a higher dose of THC, you'll be in violation and subject to penalties.
As such, there is no form of legal weed in Texas that will truly get a “high” like other more cannabis-friendly states.
2. Know the Exact Laws and Codes
It's also important to know the exact code for Texas cannabis laws so that you have a basis to stand on and understand your rights.
In this regard, everything you need to know is laid out in The Texas Compassionate Use Act (Senate Bill 339), which was enacted in 2015.
This law breaks down the basis of what constitutes legal medical cannabis, who is eligible, how you can purchase it, and other situations. Whenever you have a legal case on your hands regarding cannabis, this is a law that you will likely revert back to for reference.
3. Understand What Conditions are Covered
Since Texas is a state that allows medical and not recreational cannabis, you'll need to have specific conditions to legally get what you need.
Keep in mind that these allowable conditions are far more limited than other states. In Texas, you can get a prescription for cannabis if you have terminal cancer, neurodegenerative conditions, and forms of autism.
4. Make Sure That You Have a Valid Prescription
Not only must you have these conditions in order to receive legal cannabis, but you must also have a valid prescription for it. You can touch base with a physician that is legally able to write these prescriptions so that you are able to then purchase low-THC cannabis.
However, keep in mind that not just any doctor can write you a prescription. Instead, you will need the help of doctors that have epileptology and neurology backgrounds and certifications.
Simply going to your primary care physician, or visiting specialized weed doctors won't cut it like it would in other states.
5. The Places You Can Buy Cannabis
Additionally, you need to know exactly where you can go to purchase cannabis in the state of Texas.
In Texas, you can only legally buy medical weed from a licensed dispensary. However, ever since medical cannabis laws passed, the state has issued very few dispensary licenses. In fact, very few doctors have been given the green light to write prescriptions.
The road to progress is slow going in Texas, as it is clear that while you can technically purchase legal marijuana in the state, there hasn't been a huge push toward openness or progress in terms of issuing prescriptions to patients.
6. The Types of Cannabis You Can Buy
You need to be certain that you are only sticking to low-THC cannabis, or else you will be subject to penalties. In fact, you aren't allowed to buy or possess any form of cannabis flower in the state.
Instead, only cannabis oil that fits the strictest criteria explained may be allowed. Those who prefer to smoke will either have to get used to oil or skip the legal cannabis wave altogether.
7. Don't Make the Mistake of Buying Recreational Cannabis
The biggest takeaway is that you will need to dot every "i" and cross every "t" when it comes to cannabis in Texas. If you make the mistake of buying and using Cannabis for recreational use, you will be subject to jail time and fines.
Never buy or use any sort of cannabis outside of the medical variety unless you are willing to open yourself up to legal problems. Stay up to date on what penalties and fines you would be subject to for illegal cannabis, and use your discretion when it comes to following the current laws on the books.
Keep in mind that you can also get hit with a Driving While Impaired (DWI) for cannabis, and not just alcohol. You could get charged with both an illegal cannabis charge and a DWI -- neither of which you would want on your record.
Stay Up to Date on Current Marijuana Laws in Texas
As you can see, Texas medical marijuana laws are detailed and require you to understand them inside and out. The more you know about cannabis in Texas, the more on the right side of the law you will be. Since they are dynamic, be sure to stay up to date on current Texas Marijuana Laws.
If you need more information about cannabis in Texas or need representation, contact us today.