Monday, February 1, 2016

Does Texas Have a Medical Marijuana Law?

Yes.  Effective May 7, 2015, the Texas Legislature enacted the Texas Compassionate-Use Act (TCUA), which amends various provisions of the Texas Health and Safety and Occupations Codes.  The TCUA is one of the most restrictive medical marijuana statutes in the country because it only permits the use of low-THC cannabis, which is defined by the statute, by patients diagnosed with "intractable epilepsy."  Put another way, intractable epilepsy is the only medical condition for which low-THC cannabis may be legally used.

The TCUA also includes provisions:

  • regulating the licensing of dispensing organizations and the registration of employees who work for dispensing organizations;
  • decriminalizing the cultivation, production, dispensing, or possession of low-THC cannabis as provided by the TCUA; 
  • requiring the registration of low-THC cannabis prescribers; and
  • requiring a patient treatment plan.
Noticeably absent from the text of the TCUA is a provision that provides or restricts job protection for legal users, which means that the issue is unsettled.