Yes, Texas does have medical marijuana, but only through a narrow program called the Texas Compassionate Use Program. It authorizes low-THC cannabis for patients with specific diagnoses, requires a prescription entered into a state registry rather than a card in your wallet, and looks nothing like the broad medical programs in states such as Oklahoma or New Mexico. A 2025 expansion widened who qualifies and how the medication can be delivered, but the core of the program remains restrictive.
Who Qualifies
To participate, you must be a permanent Texas resident diagnosed with one of the conditions listed in Section 169.003 of the Texas Occupations Code. As of September 1, 2025, that list includes:1State of Texas. Texas Occupations Code 169 – Authority to Prescribe Low-THC Cannabis
- Epilepsy or a seizure disorder
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- An incurable neurodegenerative disease, such as Parkinson’s or Alzheimer’s
- Post-traumatic stress disorder
- Chronic pain, generally continuous or recurring severe pain lasting more than 90 days
- Traumatic brain injury
- Crohn’s disease or another inflammatory bowel disease
- A terminal illness or a condition requiring hospice or palliative care
- A condition approved for an authorized research program
Chronic pain, traumatic brain injury, Crohn’s disease, and the broader terminal illness category were added through House Bill 46 in 2025 and represent the program’s biggest expansion so far. For every qualifying condition, the prescribing physician must also determine that the potential benefit outweighs the risk.1State of Texas. Texas Occupations Code 169 – Authority to Prescribe Low-THC Cannabis
There is no minimum age, though patients under 18 need consent from a legal guardian. Texas does not honor medical marijuana authorizations issued by other states, so visitors cannot legally buy or possess these products here.2Department of Public Safety. Patients
What “Low-THC Cannabis” Means in Texas
Texas law defines low-THC cannabis as any part of the Cannabis sativa L. plant containing no more than 10 milligrams of tetrahydrocannabinols per dosage unit.1State of Texas. Texas Occupations Code 169 – Authority to Prescribe Low-THC Cannabis That per-dose measurement replaced an earlier 1-percent-by-weight standard when HB 46 took effect on September 1, 2025. It gives physicians more room to calibrate dosing, but the products remain far weaker per dose than typical recreational marijuana.
Smoking raw cannabis flower is still prohibited, even for registered patients. The program covers only processed preparations.
Finding a Doctor and Filling a Prescription
Not every Texas doctor can prescribe low-THC cannabis. The physician must hold an active Texas medical license, be board certified in a specialty relevant to your condition through a board recognized by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists, and devote a significant portion of their practice to treating that condition. They must also register with the Compassionate Use Registry of Texas before entering any prescription.3Department of Public Safety. Physicians
Texas does not use paper prescriptions or physical patient cards. If you qualify, the physician enters your name, date of birth, dosage, and delivery method directly into the Compassionate Use Registry, a secure state database. Licensed dispensing organizations pull your record from that registry to fill your order.2Department of Public Safety. Patients
At the dispensary, you confirm your identity with your date of birth and the last five digits of your Social Security number. Staff verify the entry, then dispense the product. Many dispensaries also deliver directly to patients.4State of Texas. Texas Health and Safety Code 487 – Texas Compassionate-Use Act
Approved Products and How to Carry Them
Low-THC cannabis in Texas is available as oils, tinctures, capsules, lozenges, edibles, and topical products such as lotions and balms. Starting September 1, 2025, the program also allows pulmonary inhalation through approved medical devices, including vaporizers, nebulizers, and inhalers, when a physician documents a medical need.5Texas Legislature. HB 46 Bill Analysis For those inhalation prescriptions, per-dose THC content may exceed the standard 10-milligram cap if the physician documents the necessity.
Always keep your medication in the original dispensary packaging. Because Texas issues no physical card, that packaging plus your entry in the state registry is how law enforcement verifies you are authorized to possess the product.
What It Costs
You pay entirely out of pocket. No private insurance, Medicare, or Medicaid plan covers medical marijuana, because cannabis remains a Schedule I controlled substance under federal law.
Physician evaluations typically run $100 to $200, with some telehealth providers charging less. Product prices vary by form and dose, but tinctures and oils generally cost $80 to $150 per bottle, and capsules or lozenges $60 to $100. Monthly totals depend on your prescribed dosage and refill schedule.
Federal Law Risks You Should Know About
Texas can authorize low-THC cannabis, but federal law still classifies marijuana as Schedule I. As of early 2026, a proposal to reschedule it to Schedule III is underway but stalled in administrative proceedings, and no final rule has been published. Several federal rules can catch registered patients off guard.
Firearms
Federal law makes it a crime for an “unlawful user of or addicted to any controlled substance” to possess a firearm or ammunition.6Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A registered Texas patient can face a federal felony charge for owning a gun. ATF Form 4473, which every firearm buyer signs, asks whether the buyer is an unlawful user of a controlled substance, and answering dishonestly is itself a federal crime.
Employment and Drug Testing
Texas law does not require employers to accommodate medical marijuana use. Federal employees and workers in safety-sensitive positions regulated by the U.S. Department of Transportation, including commercial truck drivers, pilots, and pipeline workers, face testing that treats any positive marijuana result as a violation regardless of state law.7U.S. Department of Transportation. DOT’s Notice on Testing for Marijuana DOT rules specifically instruct medical review officers not to accept a state authorization as a basis for clearing a positive test.8eCFR. 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs Private employers in non-DOT roles generally have broad discretion to maintain drug-free workplace policies.
Federally Assisted Housing
Using medical marijuana can jeopardize a lease if you live in public housing or receive Section 8 assistance. HUD policy bars admitting marijuana users to federally assisted housing and allows public housing agencies to terminate tenancies when a household member uses a controlled substance.9HUD Exchange. Can a Public Housing Agency (PHA) Make a Reasonable Accommodation for Medical Marijuana
Travel
Taking low-THC cannabis across state lines is a federal offense regardless of your Texas prescription. TSA officers do not actively hunt for marijuana, but if they find it during screening they must refer the matter to law enforcement.10Transportation Security Administration. Medical Marijuana Only products at or below 0.3 percent THC on a dry weight basis, the federal hemp threshold, are permitted on flights. Amtrak also bans marijuana in any form on trains and in stations. Leave your medication at home when you travel out of state.
Marijuana Outside the Program Is Still a Crime
If you use marijuana in Texas without a Compassionate Use prescription, criminal penalties apply and escalate with quantity:
- Under 2 ounces: Class B misdemeanor, up to 180 days in jail and a $2,000 fine
- 2 to 4 ounces: Class A misdemeanor, up to one year in jail and a $4,000 fine
- 4 ounces to 5 pounds: state jail felony, up to two years in state jail and a $10,000 fine
- Over 5 pounds: felony charges with increasingly severe prison sentences
These apply to traditional marijuana, not to hemp-derived products with 0.3 percent THC or less, which are legal under federal and Texas law. If you are a registered patient, the original dispensary packaging is your best protection during any law enforcement encounter.