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.
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:
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.
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.
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.
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.