Navigating Texas Medical Cannabis Laws

The Texas Compassionate Use Program (TCUP) was established through the Texas Compassionate-Use Act in 2015 to provide patients with certain debilitating medical conditions access to low-THC medical cannabis. Since its creation, the Texas Legislature has passed multiple bills to refine and expand the program, including broadening the list of qualifying conditions, adjusting allowable THC concentrations, and strengthening legal protections for registered patients.

Patients enrolled in the Texas Compassionate Use Program may obtain low-THC cannabis products from state-licensed dispensing organizations. The Department of Public Safety (DPS) administers the program, including the  Compassionate Use Registry of Texas (CURT). and the licensing of dispensaries. The regulations include rules governing where patients may use their medication and which healthcare professionals are authorized to recommend it. 

 

96,130
Registered Patient Population		 0.31%
of Total Population Represented by Patients		 3
Total Medical Retail Locations Currently in Operation		 32,043: 1
Patients: Retail

*UPDATE: AG ORDER NO. 6754-2026 CHANGED FEDERAL CANNABIS LAWS ON APRIL 28, 2026. Learn more here. It is important to stay active, engaged, and informed. Sign up to get ASA updates.

Patients and their caregivers should be aware that their rights and legal protections* vary by state, age, and even the chemical composition of a product. Medical professionals have federal protections to discuss cannabis medicines with their patients, but incorporating them into their patients' treatment regimen is a very different process than writing a prescription. Laws and regulations are constantly evolving and require consistent advocacy to ensure better patient outcomes.

Americans for Safe Access has taken the guesswork out of navigating applicable laws, regulations, and available resources with these stakeholder resources.  

 

 

*UPDATE: AG ORDER NO. 6754-2026 CHANGED FEDERAL CANNABIS LAWS  ON APRIL 28, 2026: Learn more here.

Federal cannabis laws affect far more than whether a patient can access medical cannabis. For decades, federal prohibition has limited protections for medical cannabis patients under laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). As a result, patients have often been denied the basic protections that people with other serious health conditions expect in employment, housing, healthcare, and access to federal programs.

Federal prohibition has also affected patients’ access to essential healthcare, housing, and financial support programs, sometimes forcing patients to choose between the medicine they need and the benefits they depend on. It has also created barriers to federal employment, healthcare autonomy, firearm ownership, and other aspects of daily life.

As federal and state cannabis laws change, implementation matters. Advocates must stay vigilant to ensure public agencies, private institutions, employers, housing providers, and healthcare systems update their policies in ways that respect patient rights and protect safe, legal access to medical cannabis.

It is important to stay active, engaged, and informed. Sign up to get ASA updates and learn more about ending patient discrimination. 

Cannabis, in its natural form, is inherently safe for most patients, but it is especially susceptible to contaminants during cultivation, manufacturing, handling & even storing. Whether you are purchasing cannabis from regulated, grey, or illicit markets or cultivating your own cannabis, you should be aware of the contaminants commonly found in cannabis and the symptoms that accompany their presence.

For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Use this resource to find state-licensed medical cannabis retailers.

Stigma and discrimination also make patients targets for law enforcement encounters. Keep in mind that the best law enforcement encounter is the one that never occurs! It's crucial for individuals involved in medical cannabis to understand not only medical cannabis laws and regulations but also their rights. Be Prepared. Learn about Your Rights! 

Check out ASA's travel guide for patients and caregivers for tips on what to know before you go!

Get Involved! Learn more about ASA Campaigns and Take Action to improve the lives of medical cannabis patients today! 

If you appreciate ASA's work, join now to become a part of the movement & sign up to get ASA updates

 

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.
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