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Cannabis and the Law

This guide gives an overview of the rapidly evolving laws concerning marijuana and CBD oil.

 Texas's Compassionate Use Program

The library is not affiliated with Texas's Compassionate Use Program (CUP) or the Compassionate Use Registry of Texas (CURT). Please contact the Texas Department of Public Safety directly for questions about CUP and CURT.

In 2015, Texas passed the Compassionate-Use Act, which allowed the first legal use of low-THC cannabis products in the state for patients with intractable epilepsy. It was expanded in 2019 and 2021 to include other conditions.

Texas Law

Chapter 169 of the Texas Occupations Code allows qualified physicians to prescribe low-THC cannabis to patients with certain conditions under Texas's Compassionate Use Program. "Low-THC cannabis" is defined in Section 169.001:

(3) "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than one percent by weight of tetrahydrocannabinols.

The Compassionate Use Program initially only applied to patients with intractable epilepsy. However, the Texas Legislature has since expanded the list of patients eligible for inclusion. At present, this program is open to patients with the following conditions listed in Texas Occupations Code Section 169.003:

  • epilepsy
  • a seizure disorder
  • multiple sclerosis
  • spasticity
  • amyotrophic lateral sclerosis
  • autism
  • cancer
  • post-traumatic stress disorder
  • an incurable neurodegenerative disease

Below you will find references to areas of Texas law that govern the medical use of low-THC cannabis. If you find these statutes difficult to understand, you may want to view the additional resources on this page or speak to an attorney.

Texas Law

Find a Participating Physician

The Texas Department of Public Safety operates CURT, the Compassionate Use Registry of Texas. This database can help you find nearby physicians who are registered to prescribe low-THC cannabis.

Understanding the Law

Reading the law itself can be complicated. To help you understand the law, below we link to resources that attempt to explain the law in simple terms. 

Medical Marijuana and Gun Rights

Under the restrictions of the federal Gun Control Act, it is illegal for a person "who is an unlawful user of or addicted to any controlled substance" to possess, receive, or transport firearms or ammunition.  This has raised concerns that participating in a medical marijuana program may cost patients their rights to possess firearms. However, the Texas Department of Public Safety has stated in an FAQ that they do not believe participation in the state's CUP program disqualifies a person from possessing a firearm or obtaining a Texas License to Carry, although it's possible that a patient's underlying condition may disqualify them.

The following links provide more information and context but do not yet address how Second Amendment rights may be affected by the use of CBD or hemp-derived products as that is still a developing area of law.