Texas
2405
Registered Patient Population |
0.01%
of Total Population Represented by Patients |
0
Total Medical Retail Locations Currently in Operation |
N/A
Ratio of Patients to Retail Location |
CBD treatment is legal in Texas. Patients with severe epilepsy may seek a doctor’s recommendation for cannabis oil with no more than 0.5 percent THC. The state has authorized dispensing organizations to cultivate, process, and distribute this medicine.
 Patient Rights and Civil Protection |
38/100 |
|
| Arrest Protection |
20/40 |
| Affirmative Defense |
9/15 |
| Parental Rights Protections |
0/10 |
| DUI Protections |
0/5 |
| Employment Protections |
0/5 |
| Explicit Privacy Standards |
4/7 |
| Housing Protections |
5/5 |
| Does Not Create New Criminal Penalties for Patients |
0/5 |
| Organ Transplants |
0/5 |
| Reciprocity |
0/3 |
|
|
Access to Medicine |
29/100 |
|
| Allows Distribution Programs |
9/40 |
| – Allows Access to Dried Flowers |
0/15 |
| – Allows Delivery |
3/5 |
| – No Sales Tax or Reasonable Sales Tax |
0/5 |
| – Allows for a Reasonable Number of Dispensaries |
4/5 |
| – Does Not Require Vertical Integration |
0/2 |
| – Ownership/Employment Restrictions |
0/2 |
| – Provisions for Labor Standards |
0/2 |
| – Environmental Impact Regulations |
0/2 |
| – Choice of Dispensary Without Restrictions |
2/2 |
| Noncommercial Cultivation |
0/20 |
| – Personal Cultivation |
0/15 |
| – Collective Gardening |
0/5 |
| Explicit Right to Edibles/Concentrates/Other Forms |
6/10 |
| Does not Impose Bans or Limits on THC |
2/10 |
| Does not Impose Bans on CBD |
5/10 |
| Local Bans/Zoning |
7/10 |
|
|
Ease of Navigation |
66/100 |
|
| Comprehensive Qualifying Conditions |
37/50 |
| Adding New Conditions |
0/10 |
| – Law/Regulations Allow for New Conditions |
0/5 |
| – System Works for Adding New Conditions |
0/5 |
| Reasonable Access for Minors |
8/10 |
| Reasonable Caregiver Background Checks |
4/4 |
| Number of Caregivers |
1/2 |
| Patient/ Practitioner- Focused Task Force or Advisory Board |
0/2 |
| Reasonable Fees (Patients and Caregivers) |
10/10 |
| Allows Multiple-Year Registrations |
0/2 |
| Reasonable Physician Requirements |
2/5 |
| Does Not Classify Cannabis as a Medicine of Last Resort |
4/5 |
|
|
Functionality |
55/100 |
|
| Patients Able to Access Medicine at Dispensaries or by Cultivation |
30/50 |
| No Significant Administrative or Supply Problems |
10/15 |
| Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation |
0/10 |
| Reasonable Possession Limits |
5/5 |
| Reasonable Purchase Limits |
5/5 |
| Allows Patients to Medicate Where They Choose |
3/5 |
| Covered by Insurance/State Health Aid |
0/3 |
| Financial Hardship (Fee Waivers/Discount Medicine) |
2/7 |
|
|
Consumer Safety and Provider Requirements |
40.21/100 |
|
| Dispensing |
12.67/25 |
| Staff Training |
0/5 |
| Standard Operating Procedures |
3/5 |
| – Facility Sanitary Conditions |
0/1.25 |
| – Storage Protocols |
1/1.25 |
| – Reasonable Security Protocols |
1/1.25 |
| – Inventory Control |
1/1.25 |
| Recall Protocol and Adverse Event Reporting |
5/5 |
| Product Labeling |
2.67/5 |
| – Product Contents, Including Source Material Identification |
1.67/1.67 |
| – Allergens |
0/1.67 |
| – Potency/Compound Identification |
1/1.67 |
| Required Testing |
2/5 |
| – Active Compound Identification |
1/1.67 |
| – Contaminants |
0/1.67 |
| – Potency |
1/1.67 |
| Grow/Cultivation |
13.38/25 |
| Staff Training |
0/5 |
| Standard Operating Procedures |
2.13/5 |
| – Facility and Equipment Sanitary Conditions |
0/0.71 |
| – Workforce Safety Protocols |
0/0.71 |
| – Storage Protocols (Short-Term and Long-Term Storage) |
0.71/0.71 |
| – Reasonable Security Protocols |
0.71/0.71 |
| – Batch and Lot Tracking |
0.71/0.71 |
| – Disposal/Waste |
0/0.71 |
| – Water Management |
0/0.71 |
| Pesticide Guidance |
3/5 |
| – Pesticide Guidance |
2/2.5 |
| – Pesticide Labeling |
1/2.5 |
| Required Testing |
3.25/5 |
| – Active Ingredient Identification |
1.25/1.25 |
| – Contaminants |
1/1.25 |
| – Potency |
1/1.25 |
| – Sample Retention |
0/1.25 |
| Recall Protocol and Adverse Event Reporting |
5/5 |
| Manufacturing |
11.67/25 |
| Staff Training |
0/5 |
| Standard Operating Procedures |
2/5 |
| – Facility and Equipment Sanitary Conditions |
0/1 |
| – Workforce Safety Protocols |
0/1 |
| – Storage Protocols |
1/1 |
| – Reasonable Security Protocols |
0/1 |
| – Batch and Lot Tracking |
1/1 |
| Product Labeling |
2.67/5 |
| – Product Contents, Including Source Material Identification |
1.67/1.67 |
| – Allergens |
0/1.67 |
| – Potency and Compound Information |
1/1.67 |
| Required Testing |
2/5 |
| – Active Ingredient Identification |
1/1 |
| – Contaminants |
0/1 |
| – Potency |
1/1 |
| – Shelf Life Testing |
0/1 |
| – Sample Retention |
0/1 |
| Recall Protocol and Adverse Event Reporting |
5/5 |
| Laboratory Operations |
2.49/25 |
| Staff Training |
0/5 |
| Method Validation in Accordance with AHP Guidelines |
0/5 |
| Result Reporting |
0/5 |
| Independent or Third Party |
0/5 |
| Standard Operating Procedures and Protocols |
2.49/5 |
| – Equipment and Instrument Calibration |
0/0.83 |
| – Sample Tracking |
0.83/0.83 |
| – Facility and Equipment Sanitary Conditions |
0.83/0.83 |
| – Disposal/Waste |
0/0.83 |
| – Storage Protocols |
0.83/0.83 |
| – Workforce Safety Protocols |
0/0.83 |
|
|
Covid Response |
13/20
|
|
| Delivery Available? |
6/6
|
| Curbside Pickup Available? |
0/2
|
| Medical Cannabis Essential? |
7/7
|
| Telemedicine Available? |
0/5
|
|
| Excerpted from ASA's 2020 State of the States Report. |
In This Section
A patient's prescribed medical cannabis can be dispensed to the patient’s legal representative. A minor patient must receive two separate opinions from two different doctors certified to dispense medical cannabis.
The Texas Compassionate Use Act allows access to some patients to "low-THC cannabis" through dispensing organizations which may cultivate, process and distribute this medical cannabis. SB 399 establishes a sort of parallel prescription system in which registered physicians record such information as patient dosage and amounts. This prescription would be taken to a dispensing organization to be filled.
Patients and their caregivers are permitted use and have low-THC cannabis for medical purposes as permitted by prescription. Medical cannabis must be purchased from a dispensary in accordance with prescription. Patients must be diagnosed with intractable epilepsy.
SB 399 allows certified neurologists qualified in treating epilepsy to write a prescription for low-THC cannabis to patients with intractable epilepsy.
The State of Medical Marijuana in Texas
