Texas Medical Marijuana Laws in 2022

Is medical marijuana legal in Texas in 2022? Or, is weed legally-laced and ready for prime time. Yes it is! The state of Texas has a long complicated history with the drug that dated back to criminalization but advances through research have proved otherwise over recent decades.

Many healthcare professionals agree on its effectiveness as an alternative treatment option. Many scientists believe we should continue exploring how cannabis can help manage chronic conditions such as pain or epilepsy. This is among other things considered highly illegal before 1998 when restrictions loosened up nicely across most areas. That includes therapeutic benefits which were discovered after intensive study into these plants’ composition by qualified individuals. Read on for the Texas medical marijuana laws in 2022.

The drug was once considered a highly illegal narcotic throughout the state.

Many states completed a cannabis overhaul in recent years: as of 2022, just two states prohibit all forms of marijuana. Fifteen states in total legalized recreational weed. We will outline the current rules you need to know regarding medical marijuana in Texas.

Texas House Bill 1821

In recent years, the laws about cannabis have been changing rapidly. In some states, it is now legal for medical purposes and in others still a complete prohibition with harsh penalties continues to exist.

Texas falls into category two as of 2021 when they passed House Bill 1821. It allows patients diagnosed by doctors registered under state law with epilepsy or post traumatic stress disorder (PTSD)  to possess up 10 grams per day as long as they register this information on their DPS ID card before getting prescriptions filled from dispensaries within the Lone Star State so that there can be no mistake about who has access.

Is there a medical marijuana card or application in Texas?

No. There is no application in Texas. The physician authorizes use and enters the patient into the CURT database. The patients are allowed a choice of three dispensaries. Find an authorized physician near you.

Texas Marijuana Dispensaries

Medical Benefits of Cannabis in TexasHemp Oil Supplements Making a Comeback

 Let’s go over medical benefits of Cannabis before we get into whether medical marijuana is permitted in the state of Texas. When considering whether a substance should be legal in a state, it’s important to know what it may be used for. Doctors and researchers believe marijuana should be used to treat a variety of conditions including:

Chronic pain conditions

Cancer and the side effects of chemotherapy

Epilepsy and Seizures

Eating Disorders and Appetite Loss

Multiple Sclerosis

Alzheimer’s Disease

Mental Health Conditions including anxiety, PTSD, and schizophrenia

Of course, cannabis has not yet proven to aid the majority of these conditions. Research on this topic looks extremely promising in many cases. Dr. Marcel Bonn-Miller, an Assistant Professor of Psychology in Psychiatry at the University of Pennsylvania made a famous statement. “The greatest amount of evidence for the therapeutic effects of cannabis relate to its ability to reduce chronic pain, nausea and vomiting due to chemotherapy, and spasticity from multiple sclerosis.”

Many cannabis researchers encounter difficulties when studying risks and benefits

So far, the FDA has approved medical cannabis for only two conditions, both rare forms of epilepsy. However, many cannabis advocates say legalization and authorization to research are crucial in discovering more medical uses for the drug. Many cannabis researchers encounter difficulties when studying risks and benefits of both marijuana and hemp. As a result, there are many uses for medical cannabis that are not fully tested by scientists. As opportunities for cannabis research expand, doctors and health officials will know more about the effects of the drug. They will be able to give better recommendations for safe use.

Is Medical Marijuana Legal in Texas in 2022?

So, the main question: is medical weed legal in the state of Texas in 2022? The short answer is yes, it is! The long answer is that it is a complicated answer. In 2015, Texas Senate Bill 339, the Texas Compassionate Use Act signed into law. The act legalized medical marijuana in a very restricted manner; cannabis oil with less than 0.5% THC was allowed to treat epilepsy. Texas Compassionate Use Act may seem like a small step in terms of cannabis products legalized and eligible conditions. It largely opened the door for other medical marijuana legislation to follow.

In 2019, access to cannabis-related products opened. House Bill 1325 legalized the cultivation of industrial hemp signed into law. Following this bill, possession and sale of any cannabis containing less than 0.3% THC legalized. That includes CBD products derived from hemp. Additionally, measures passed in 2019 and 2021 greatly expanded the list of qualifying conditions for Texas’ low-THC medical cannabis program.

Perhaps the biggest step toward full legalization of medical marijuana inTexas happened in 2021 with House Bill 1535. In addition to the expansion of the list of qualifying conditions even further, the bill raised THC limit for medical cannabis from 0.5% to 1%. Additionally, bill included provisions for establishment of compassionate-use institutional review boards to promote cannabis-related research programs. This bill originally called for increase of THC limit from 0.5% to 5%. It passed in the Texas House of Representatives. It amended to 1% limit before it passed the Senate. 

What condition is treated legally with cannabis medical marijuana in Texas?

 Is medical marijuana legal in the state of Texas in 2022? Restrictions on marijuana and medical marijuana fluctuated so much in Texas over the years. It’s confusing about what exactly is legal. In fact, many people may not know that their condition qualifies for the Compassionate Use program with the new legislation. As of September 1st, 2021, here is the official list of qualifying conditions for the use of medical cannabis in the state of Texas:

All forms of cancer (previously, only terminal cancer was an approved condition)

Post-Traumatic Stress Disorder (PTSD)

Epilepsy

Autism

Multiple Sclerosis (MS)

Amyotrophic Lateral Sclerosis (ALS)

Seizure Disorders

Incurable Neurological Disorders (i.e., Parkinson’s, Alzheimer’s, and Huntington’s Disease)

READ | How to apply for disability in Texas

Of course, just having one condition is not grounds to go to a dispensary and pick up low-THC medical cannabis. According to the Texas Health Services, the criteria for participation in Texas’ compassionate use program are as follows:

You must be a permanent resident of the state of Texas

You must have one of the approved medical conditions

A physician registered with the compassionate use program must make the prescription

Your physician must have determined that the benefit of medical cannabis outweighs risks of consumption

Can I smoke (or vape) medical weed in Texas in 2022?

Additionally, medical use of low-THC marijuana can be ingested orally only. Patients cannot smoke their prescribed medicine. The Texas Department of Public Safety does not put any age restrictions on who can be a patient in the compassionate use program, though individuals under the age of eighteen may require consent of a parent or guardian.

History of Cannabis in Texas

 Take a look at the history and legalization in the Lone Star State before getting into the current regulations that surround medical cannabis. The plant existed in Texas since at least 1891. That is when army captain John Gregory Bourke wrote about the use of a plant called ‘mariguan,’ in the Rio Grande region of Texas. He described the plant used for a variety of purposes, including medical, spiritual, and recreational. The widespread use of cannabis in Texas didn’t last very long, though. In 1915, El Paso became the first American city to put restrictions on cannabis when it banned the use of the drug within city limits.

Restrictions on the use of marijuana in the state of Texas only got stricter over the next few years. In 1919, a Texas law classified cannabis as a narcotic. The substance became restricted to medical use throughout the state. In 1923, further restrictions enacted throughout Texas. Growth and distribution of marijuana became outlawed. It ensured the drug was available by prescription only. Finally in 1931, They banned cannabis possession.( banned statewide.) While the ban was in place, cannabis was considered by Texas law enforcement to be a narcotic. Possession of the substance, even in small amounts, could have resulted in a lifetime in prison during this time.

Changes to Texas Cannabis Legislation Over the Years

 The 1931 prohibition on cannabis in Texas ended up lasting for a very long time. Finally, in 1973, Texas legislature signed House Bill 447. It significantly reduced penalties for cannabis possession in Texas. Prior to this bill, Texas was the state with the harshest punishments for cannabis in the nation. Following the 1973 bill, cannabis remained heavily restricted and illegal in the state of Texas. However, in most cases, possession was no longer considered a serious narcotics-related felony.

Restrictions on marijuana and medical marijuana further eased in 2007. Texas House bill 2391 reduced the type of misdemeanor associated with up to four ounces of cannabis. In 2015, Texas legislature attempted to make even further strides with Texas House Bill 2165. It proposed recreational legalization of marijuana. Surprisingly, this bill gained majority support from the House Committee. However, it did not move further on the house floor. That was due to not enough time left in the remaining legislative sessions. Thankfully for medical and recreational cannabis hopefuls in Texas, other cannabis-related bills in later years would prove more successful.

Texas has the strictest cannabis regulations in the nation

Overall, while Texas made great strides in recent years in legalizing medical marijuana, it ultimately remains a state with some of the strictest cannabis regulations in the nation. Consider the number of bills passed in Texas state legislature. Many cannabis advocates hope medical and recreational use will expand by Texas lawmakers. Of course, there are many factors at play. Federal legalization may impact the laws in Texas before many more legislative sessions have the chance to take place. Legalizing the use of cannabis for medical purposes is a lengthy process. Recent changes to medical marijuana policies may open the door for more widespread throughout Texas in the future.

Texas is a hotbed for medical marijuana. This article in no way is an endorsement of any product or a suggestion of use. Discuss healthcare with your physician.