Texas Marijuana Laws
Marijuana-related DUI laws in Texas
At present there is no language available in the Compassionate Use Act to describe the act of smoking marijuana while driving, however, the situation would most likely fall under Texas Penal Code Ann. § 49.04 (Vernon 2009) rules and penalties.
It is recommended that you NOT consume medical marijuana products before or while driving a vehicle, as the punishments are steep for such violations.
Transporting cannabis in Texas
When transporting medical marijuana products, registrants must always carry their medical marijuana ID. This includes the transporting of the product to and from a dispensary. When transporting the product in a car, it must always be in a child-proof container, out of arm’s reach by the driver.
Public consumption laws in Texas
Consumption of legal medical marijuana products should be confined to the home of qualified patients.
Any and all smoking of marijuana anywhere is prohibited across the board in the state of Texas and if you’re caught it could result in a criminal record and jail time.
Social consumption: prohibited
There are no facilities or clubs allowing the smoking or consumption of marijuana products in the state of Texas.
Home cultivation: prohibited
At this time in the state of Texas, all cultivation of marijuana, growing your own, for medical or personal use is prohibited.
Medical marijuana and gun rights in Texas
Under the restrictions of the Gun Control Act, it is illegal for a person “who is an unlawful user of or addicted to any controlled substance” to possess, receive, or transport firearms or ammunition.
Pending Changes to Texas Marijuana Laws
2021 could see some dramatic changes to Texas medical marijuana laws and many individuals supporting legalization are feeling optimistic.
Marijuana Moment recently interviewed Heather Fazio, an advocate for medical marijuana legalization. Ms. Fazio stated via email that her organization was “pleased to see a variety of cannabis-related bills introduced so early in the pre-filing period. Democratic and Republican lawmakers are making cannabis a priority,” she said, “which is a good sign for advocates as we prepare for the upcoming legislative session.”
She went on to say “I’m not sure that this is going to be the session that it happens, but I know that this session’s definitely going to be talked about,” Fazio said. “If nothing else, it jumpstarts the conversation about repealing prohibition, so we can have a conversation about how prohibition has affected the lives of people.”
Early in 2021, with a new legislative session pending, Texas lawmakers were hoping to implement new measures into the Compassionate Use Program. The reforms to the program are to include loosening of restrictions and the expanding of eligibility.
At least seven bills have been filed by legislators with the intention of not only expanding the program’s eligibility but also eradicating the THC cap in addition to lowering business fees.
For the time being, Texas has been dubbed a medical CBD state by the advocate group NORML. Ironically, even non-intoxicating CBD is being scrutinized as the lines remain blurred in regard to the standardization of the product. CBD providers and retailers still struggle to find the proper categorization for the substance. It is still unclear as to whether it’s a medicine, food additive, or dietary supplement.
Texas hemp and CBD laws
CBD is the non-intoxicating cannabinoid found in cannabis. CBD produced from hemp plants (as opposed to marijuana) was made legal in the U.S. at the end of 2018. In June 2019, Texas Governor passed House Bill 1325 which authorized the production, manufacture, and retail sale of hemp and hemp-derived products including CBD.
Texas passed a law in the summer of 2020 clearly stating that hemp-derived CBD products are legal in the state.
Patients can buy CBD online and have it delivered to their door. Medical marijuana patients can also purchase CBD products in legal dispensaries across the state of Texas.
There is no limit to the amount of hemp CBD an individual can possess.
In spite of CBD-hemp’s legal status in Texas, it is still illegal to smoke hemp flower in public.