The Texas Department of Public Safety (DPS) regulates dispensaries authorized by the Compassionate-Use Act. DPS has provided answers to frequently asked questions about the Compassionate-Use Program on their website.
Recreational use of marijuana is still illegal under Texas and federal law. Federal penalties for possession of a controlled substance are found in United States Code, Title 21, Section 844.
Check out the CBD page of our Cannabis and the Law guide for more details and links to other resources related to cannabis.
At the federal level, H.R.2 Agriculture Improvement Act of 2018 (often referred to as the 2018 Farm Bill) became law on December 20th, 2018. This federal law defined hemp as cannabis with a THC concentration of less than 0.3% by dry weight and removed it from the federal controlled substances schedules.
What is the Compassionate Use Program?
Patients with a qualifying medical condition listed in Texas Occupations Code 169.003 can participate in the Texas Compassionate-Use program. This law has been amended several times to expand the list of qualifying medical conditions, and Texas law now allows qualified physicians to prescribe low-THC marijuana to patients diagnosed with epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, post-traumatic stress disorder, or an incurable neurodegenerative disease.
The Dept. of State Health Services provides information about consumable hemp products such as CBD oil and the license required to sell these products.
Outside the provisions set out in the Texas Compassionate-Use Act, our librarians have not been able to locate any Texas statutes that address the use of medical marijuana.
Where can I find more details?
Find answers to common questions in our searchable FAQ.
Cannabidiol is a substance derived from the cannabis plant that does not have the same psychoactive properties as tetrahydrocannabinol (THC). This article from the Harvard Health Blog provides more details about what cannabidiol is.
Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into the Schedule I category, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.
Texas’ definition of consumable hemp products includes foods, drugs, devices or cosmetics that contain industrial hemp or hemp-derived cannabinoids, including CBD, with no more than 0.3% THC. The Texas Department of State Health Services (DSHS) is creating a registration process for retailers to sell consumable hemp products with CBD.
Texas CBD possession limits
CBD product labels must abide by FDA rules, which broadly restrict claims of therapeutic or medical benefits.