The Texas Compassionate Use Program for Medical Marijuana

By Mary Beth Harrell | October 31, 2023

The Texas Compassionate Use Program for Medical Marijuana Marijuana has proven benefits for treating certain medical conditions and symptoms. However, possession of marijuana remains illegal here in Texas. You may not know, though, about the Compassionate Use Program (CUP), which gives patients lawful access to low-THC edibles.

The Compassionate Use Act, passed in 2015, allows the use of low-THC cannabis products for certain patients. When the Act first passed, epilepsy was the only eligible condition, but the Act expanded in 2019 and 2021 to add more. Conditions now eligible under the CUP include:

  • Epilepsy
  • Seizure disorders
  • Multiple sclerosis
  • Spasticity
  • Amyotrophic lateral sclerosis
  • Autism
  • Cancer
  • Post-traumatic stress disorder
  • Incurable neurodegenerative diseases

How does the Texas Compassionate Use Program work?

You must follow a certain process to participate in the Compassionate Use Program. To qualify, you must work with a licensed physician who has access to the Compassionate Use Registry. You are eligible if you are:

  • A permanent resident of Texas
  • Have been diagnosed with any of the above conditions
  • Your physician believes medical use of low-THC cannabis will provide benefits

If you are under 18, you may require a legal guardian to participate in the Program.

The majority of this process can be done online.

Note: the Department of Defense prohibits the use of any marijuana-related substances, including CBD, hemp, and medical marijuana. As such, all active duty members of the U.S. Armed Forces are prohibited from participating in CUP, even if they otherwise qualified. Veterans, however, can participate in the program.

Can I grow my own cannabis if I’m a medical patient?

No, you can’t. Medical patients must utilize one of three dispensaries here in Texas:

These dispensaries can fill your prescription either in-person or online, and have the low-THC product delivered to your home. It’s also important to note that CUP will not fill prescriptions from other states.

Can I smoke cannabis if I’m a medical patient?

No. Smoking is excluded from medical use. Texas’ low-THC products include edibles and drops.

I’m moving to Texas; will my current medical marijuana card transfer?

No, it will not. Texas does not recognize out-of-state medical marijuana cards.

Can I still legally carry a handgun if I have a prescription for medical marijuana?

Yes. Per the Texas Department of Public Safety:

A patient’s participation in CUP does not, in itself, disqualify the individual from obtaining or maintaining a License to Carry (LTC).  Notwithstanding that certain medical marijuana programs have been determined by the FBI to disqualify an individual from possessing firearms, the department does not believe this determination applies to Texas’ low-THC cannabis, Compassionate Use Program.

However, the individual’s underlying condition that is the basis for participation in CUP may under certain circumstances be disqualifying. If the medical condition potentially affects the individual’s ability to exercise sound judgment, the department may refer the matter to the Medical Advisory Board (DSHS) for their review and recommendation. Should the Board find the individual “incapable of exercising sound judgment with respect to the proper use and storage of a handgun,” the department would deny an application or revoke a current LTC.

A patient’s participation in CUP does not, in itself, disqualify the individual from obtaining or maintaining a License to Carry (LTC).  Notwithstanding that certain medical marijuana programs have been determined by the FBI to disqualify an individual from possessing firearms, the department does not believe this determination applies to Texas’ low-THC cannabis, Compassionate Use Program.

Where can I find a doctor who prescribes marijuana in Texas?

You can search for a prescribing physician by county, city, or zip in the Department of Public Safety’s online search.

When applying for the Program, ensure you have a government-issued photo ID (like a driver’s license), a passport-sized photo, proof of residency in Texas, and your signed Physician Certification Form.

How do I ensure I’m not arrested for possession of marijuana after I join the program?

Keep your registration card on your person at all times and make sure you always carry your product in the labeled container it came in from the dispensary. Law enforcement is trained to confirm the legitimacy of prescriptions and your legal rights.

It’s important to keep in mind that Texas’s Compassionate Use Program is much more limited than medical marijuana programs in many other states. Patients should work closely with their healthcare providers to understand whether they qualify and whether low-THC cannabis products might be a suitable treatment option for their specific medical conditions.

At Mary Beth Harrell Law Firm, we are optimistic about the Compassionate Use Program and hope to see it expanded even more as state and federal regulations regarding marijuana evolve. In the meantime, if you have any questions about the CUP or have found yourself wrongly arrested for marijuana possession, we can help.

To get in touch with an experienced Killeen criminal defense attorney, simply call our offices or fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, as well as Temple, Harker Heights, Waco, and Belton.

 

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