CBD treatment is legal in Texas. Patients with severe epilepsy may seek a doctor’s recommendation for cannabis oil with no more than 1 percent THC. The state has authorized dispensing organizations to cultivate, process, and distribute this medicine. Details on how these laws apply to patients and medical professionals can be found below.

Navigating Texas State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

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Here is a breakdown of how Texas fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Texas can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	29/100
Arrest Protection 12/25 Affirmative Defense 12/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	12/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 2/20 - Authorizes Delivery 2/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 0/20
Program Functionality	48/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 0/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 0/5 - Background Checks 0/2 - Number of Caregivers 0/3 Reasonable Physician Standards 3/5 Access to Administration Methods 1/10 - Allows Dried Flower 0/5 - Allows Edibles, Concentrates, and Other Forms 1/5 Provides Access to Minors on School Grounds 3/5
Affordability	40/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	42/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 7/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	42/200
Cultivation Operations 14/50 Quality Management Systems 5/10 Staff Training 0/10 Standard Operating Procedures 3/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 0/8 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 15/50 Quality Management Systems 5/10 Staff Training 3/10 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 0/10 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 1/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 10/50 Staff Training 0/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 7/13 Laboratory Operations 3/50 Independent or Third-Party 0/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 0/5 Staff Training 0/20 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	30/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 5/15 Requires Vertical Integration 10/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 10/10 Imposes Bans or Limits on THC 5/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.