Cannabis laws: Where does Texas stand on cannabis?
Adult recreational use is illegal and medical is heavily regulated.
Texas has some of the most stringent marijuana laws in the U.S. Recreational adult-use marijuana is illegal, and medical marijuana is legal but heavily regulated. Only patients with qualifying conditions can access medical marijuana.
However, hemp-derived Delta-8 THC is currently legal in Texas. The use, possession, sale, distribution, and production of delta-8 products are allowed under Texas state law. Similarly, hemp-derived CBD is perfectly legal and widely available across Texas.
Texas Marijuana laws:
● The use, possession, sale, distribution, production, growing, and cultivation of recreational marijuana is illegal in Texas.
● Medical marijuana is legal but heavily regulated in Texas. Eligible patients with qualifying conditions have access to marijuana-derived oil carrying 1% THC.
● Penalties for marijuana possession are harsh, ranging from a class C misdemeanor to a class A felony.
● Some counties (El Paso, Dallas, Plano) have reduced penalties for marijuanna- decriminalizing simple use and possession.
Is Medical Marijuana Legal in Texas?
Texas allows medical use with ailments that fall into its compassionate-use law. This exception allows qualified doctors to prescribe low-THC cannabis to their patients with specific conditions.
In order for a physician to write a prescription, certain requirements must be met, such as the following:
● the patient is a permanent resident of Texas
● the doctor complies with registration requirements
● the patient has a qualifying condition
The Scoop On Delta-8
(Sourced from : CBDOracle.com)
“Delta-8’s legality was thrown into question in early 2021 when the DEA issued an Interim Final Rule (IFR). The DEA’s final rule resulted in 18 US states preemptively banning or restricting delta-8 products.
In early 2021, Texas lawmakers attempted to pass TX HB2593, drafted initially to reduce penalties for THC possession but later amended to limit the quantity of all tetrahydrocannabinols to 0.3% per product, meaning all hemp-derived products carrying more than 0.3% delta-8 would be prohibited. Thankfully, the bill failed to pass and died in the legislature, and delta-8 remains legal in Texas.
However, in October 2021, the Texas Department of State Health Service (DSHS) updated its website, stating delta-8 is prohibited and now under Schedule I of the Texas Controlled Substances Act.
Hometown Hero, an Austin-based CBD company, sued the Texas DSHS, arguing all hemp-derived products are legal under state and federal law. The first court hearing denied Hometown Hero’s request for the delta-8 ban to be lifted. The second court hearing ruled in favor of Hometown Hero and lifted the temporary ban on delta-8 products.
On Monday 8th November 2021, state District Judge Jan Soifer granted Hometown Hero’s request to lift the delta-8 ban in Texas, albeit temporarily. Currently, it’s now legal to use, possess, sell, distribute, and produce delta-8 in Texas. “
Since the DEA has claimed that hemp-derived Delta-8 is not a controlled substance under federal law.
In Summary, recreational use in the state of Texas is not permitted, Medical low THC use is permitted under specific qualifying conditions, and Delta-8 is legal.
Wondering if you qualify for medical cannabis? Head to thrivemedicalcannabis.com to schedule a free consultation!
Want to help us fight for cannabis in Texas? Come march with us on October 8th in Fort Worth at Burnett Park! We are a proud sponsor of the Texas Marijuana March Freedom Festival!