Exceptions for Marijuana in Texas
Texas enacted the Compassionate-Use Act in 2015, making low-THC cannabis products lawful for patients with intractable epilepsy for the first time in the state. It was expanded to encompass other illnesses in 2019 and 2021.
What entrepreneurs need to know
Patients with intractable epilepsy were initially qualified for the Compassionate-Use Program, but the Texas Legislature has subsequently enlarged the list of eligible patients. Patients with the following conditions, as mentioned in Texas Occupations Code Section 169.003, are currently eligible for this program:
Multiple sclerosis (MS)
Amyotrophic Lateral Sclerosis (ALS)
PTSD (post-traumatic stress disorder)
an incurable Neurodegenerative illness
Illegal Recreational Use of Marijuana
It is unlawful in Texas to own, possess, or sell marijuana for recreational purposes in most cases. You can't, for example, produce it to smoke in your own house. You cannot also sell or possess it solely to use it for non-medicinal purposes. You might face substantial criminal consequences if you are detected in possession of, selling, or using marijuana.
Texas does, however, provide for several exceptions to the rule. If the THC content of the marijuana you own and consume is less than 0.3 percent, for example, you will not be charged with prohibited use or possession. In the same way, every plant you produce or possess must be regarded as a hemp plant rather than a marijuana plant.
Furthermore, it is prohibited in Texas to possess and consume any THC-containing drug or product other than hemp. The following are examples of goods and substances:
Juices for vaping
If any of them are discovered to contain marijuana, you might be arrested if you consume, sell, or possess them for recreational reasons.
Illegal Interstate Carrying
People from states where recreational marijuana usage is allowed are prohibited from bringing marijuana and marijuana products into Texas. For example, suppose a person from Texas travels to Colorado, where recreational marijuana usage is legal and buys marijuana goods there. In that case, they cannot bring those items back to Texas—possessing and transporting this substance obtained in another state back to your Texas residence.
Interstate transit of marijuana and marijuana products is prohibited, even edibles purchased in another state where recreational use and possession are permitted. If you bring back treats containing unlawful levels of THC, such as gummy candy or wax, you may be arrested and charged with marijuana possession and transportation.
Legal use of CBD
Texas also permits CBD (or cannabis oil)-containing products. In Texas, gummies, vape cartridges, lotions, and other CBD products are all legal to buy, sell, possess, and use.
According to Texas state law, the Federal Drug Administration does not oversee the manufacture or testing of CBD products. It does not guarantee that CBD products marketed in Texas have less than the allowable THC limit. You might be arrested and face substantial criminal and civil consequences if you buy, consume, sell, or own anything that contains unlawful levels of THC.