Is Medical Marijuana Legal in Texas?

By Brooke Price 

In 2015, the Compassionate Use Program (CUP) was enacted, giving Texans with certain medical conditions access to medical marijuana without risking criminal charges. However, exemption this does carry significant rules and regulations.

The Compassionate Use Program only gives certain physicians the ability to prescribe low THC cannabis, which cannot contain more than 0.5% by weight of THC and can only be consumed rather than smoked. CUP is limited to patients with epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and incurable neurodegenerative diseases.[1] Additionally, patients can only be prescribed the low-THC medical marijuana if they are permanent Texas residents and is generally only used when other options have been exhausted.

Medical marijuana is legal in Texas, but very few qualify to receive a prescription. Possession of any THC wax, plant, or paraphernalia is a still a chargeable offense, and if you are caught you may face serious consequences.

Penalties for possession of two ounces or less of marijuana is a misdemeanor[2], which means you could face up to 180 days in jail and a fine of up to $2,000. Depending on the amount you have on you, if you have intent to distribute, or if there are children involved, your penalties can increase significantly.

If you have been charged with a marijuana offense in Williamson or Bell county, call Price & Twine, PLLC at (512) 354-1880 so we can review your case.

[1] Texas.gov Texas Medical Marijuana

[2] NORML