Overview

The Department of Public Safety (DPS) administers the Compassionate Use Program (CUP) in Texas, under the authority of the Texas Health and Safety Code, Chapter 487. Through the program, DPS operates a secure online registry of qualified physicians who can prescribe low tetrahydrocannabinol (THC) to patients with specific medical conditions. The registry, called the Compassionate Use Registry of Texas (CURT), is designed to prevent more than one qualified physician from registering as the prescriber for a single patient, is accessible to law enforcement agencies and dispensing organizations to verify patients of low-THC cannabis, and allows a physician to input safety and efficacy data derived from the treatment of patients for whom low-THC cannabis is prescribed. DPS also manages the licensing of organizations that dispense low-THC cannabis to patients in the Compassionate Use Registry of Texas.

89th Legislation

Summary of New Laws Impacting the Compassionate Use Program

HB 46 Effective September 1, 2025

Caption: Relating to the medical use of low-THC cannabis under and the administration of the Texas Compassionate-Use Program; requiring registration.

The bill expands the Texas Compassionate Use Program (TCUP) and becomes effective on September 1, 2025. HB46 requires the Department of Public Safety (DPS) to issue a total of 15 TCUP licenses. With 3 active licenses, DPS will issue 12 new licenses. These new licenses will enhance patient access statewide and increase the availability of different dosage forms to treat qualifying conditions. The bill also allows dispensing organizations to open satellite locations within public health regions in addition to their primary location. Further, HB46 expands the list of conditions eligible for medical cannabis treatment under TCUP.   

Frequently Asked Questions (FAQs)

General

1. What is "Low-THC" Cannabis?

Texas Occupations Code Sec. 169.001 defines "Low-THC Cannabis" as the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than 1.0 percent by weight of tetrahydrocannabinols.

2. What medical conditions are covered under this program?

The Compassionate Use Program is statutorily limited to patients in Texas with:

• Amyotrophic lateral sclerosis,
• Autism,
• Cancer,
• Crohn's disease or other inflammatory bowel disease,
• Condition that causes chronic pain,
• Epilepsy,
• Incurable neurodegenerative disease,
• Multiple sclerosis,
• Post-traumatic stress disorder,
• Seizure disorder,
• Spasticity,
• Terminal illness or a condition for which a patient is receiving hospice or palliative care,
• Traumatic brain injury, or
• Medical conditions designated by the Health and Human Services Commission as authorizing treatment with low-THC cannabis as part of an approved research program.

3. Which diseases are designated as incurable neurodegenerative? 

The Texas Department of State Health Services has designated the applicable neurodegenerative diseases by rule  25 Tex. Admin Code 1, §1.61.

Patients

1. How does a patient qualify for the program?

Low-THC cannabis may be prescribed if:

• The patient is a permanent resident of Texas,
• The patient is diagnosed with amyotrophic lateral sclerosis, autism, cancer, Crohn's disease or other inflammatory bowel disease, a condition that causes chronic pain, epilepsy, an incurable neurodegenerative disease, multiple sclerosis, post-traumatic stress disorder, a seizure disorder, spasticity, a terminal illness or a condition for which a patient is receiving hospice or palliative care, or traumatic brain injury and,
• The qualified physician determines the risk of the medical use of low-THC cannabis by a patient is reasonable in light of the potential benefit.

2. Are there any age restrictions for low-THC Cannabis prescriptions?

• Statute places no limitations on the age of the patient.
• Patients under 18 may require a legal guardian.

3. How do I get a prescription for low-THC cannabis?

A patient must have a prescription from an approved qualified physician in order to receive low-THC cannabis under the Compassionate Use Program. 

Prospective patients may search the list of approved qualified physicians here .

4. How do I find a physician who is part of the program?

Use the search tool on the Compassionate Use Registry of Texas page to locate a participating physician in your area. Search results display approved, qualified physicians who have granted DPS permission to publish their information.

5. What is the process for picking up my prescription?

• The registered physician will enter a prescription in the Compassionate Use Registry of Texas (CURT) system.
• The patient or legal guardian will then have the ability to go to any of the dispensaries to have the prescription filled.
• The patient or legal guardian will need to provide identification and patient's last name, date of birth, and last 5 of social security number.

6. Will patients have to register with the state or pay a fee?

• No. Statute does not require patients to register or pay a fee.
• Patient information will be retained in the Compassionate Use Registry.
• A qualified physician will enter a patient's information into the Compassionate Use Registry.

7. Will I be able to bring my child from out-of-state to acquire low-THC cannabis in Texas?

Patients must be permanent Texas residents.

8. Will patients' legal guardians be able to pick up the order from a dispensing organization?

• Yes. Physicians will be required to document the names and last 5 of SSN of legal guardians in the Compassionate Use Registry.
• Patients or legal guardians will be required to show proof of identification to the dispensing organization.

9. Can you have a prescription from another state filled in Texas?

No, Texas Health and Safety Code §487.107 only authorizes the possession of low-THC cannabis that is obtained through a prescription issued by a physician registered with the CUP program and the dispensing of a prescription for a person listed as a patient in the Compassionate Use Registry.

10. Will patients be able to grow their own cannabis?

• No. Only licensed dispensers will be able to grow cannabis and only for use in the production of low-THC cannabis.
• Patients are required to purchase low-THC cannabis products from a licensed dispensing organization.

11. Will it be legal for patients to smoke low-THC cannabis?

No. Texas Occupations Code §169.001 specifically excludes smoking from the definition of "medical use."

12. What protections will patients and legal guardians have from criminal prosecution?

Texas Health and Safety Code §481.111(e) (1) provides exemptions from state laws prohibiting possession of marijuana for patients (and their legal guardians) for whom low-THC cannabis is prescribed under a valid prescription, and purchased from a licensed dispensing organization.

13. What should I do if my prescription is not found by the dispensing organization?

Ensure the dispensing organization entered the information correctly. If so, contact your doctor to ensure they entered the prescription information.

14. Who currently holds a license as a dispensing organization?

As of December 15, 2017, the department has issued three dispensing organization licenses:

• Fluent (formerly Cansortium Texas) was licensed on September 1, 2017.
• Compassionate Cultivation was licensed on October 31, 2017.
• Surterra Texas was licensed on December 15, 2017.  

Contact information is under the FAQs for dispensing organizations.

15. Will participation as a patient in the Compassionate Use Program (CUP) affect my eligibility for a Texas License to Carry a Handgun?
 

A patient’s participation in CUP does not, in itself, disqualify the individual from obtaining or maintaining a License to Carry (LTC).  Notwithstanding that certain medical marijuana programs have been determined by the FBI to disqualify an individual from possessing firearms, the department does not believe this determination applies to Texas’ low-THC cannabis, Compassionate Use Program.

However, the individual’s underlying condition that is the basis for participation in CUP may under certain circumstances be disqualifying. If the medical condition potentially affects the individual’s ability to exercise sound judgment, the department may refer the matter to the Medical Advisory Board (DSHS) for their review and recommendation. Should the Board find the individual “incapable of exercising sound judgment with respect to the proper use and storage of a handgun,” the department would deny an application or revoke a current LTC.

16. Where do I send a complaint on a dispensing organization or physician?

Complaints regarding dispensing organizations may be submitted through the Compassionate Use Program's  Contact Us Form.

Dispensing Organizations

1. How many dispensing organizations will be licensed in Texas?

Texas Health and Safety Code Ch 487 requires the department license fifteen dispensing organizations.

2. Why did DPS approve only fifteen licenses? Will the number of licenses be increased in the future?

HB 46 requires the Department of Public Safety (DPS) to issue a total of 15 TCUP licenses. With 3 current active licenses, DPS will issue an additional 12 new licenses. These new licenses will enhance patient access statewide and availability for patients prescribed low-THC cannabis under Chapter 169, Occupations Code.

December 2, 2025

The Texas Department of Public Safety (DPS) has commenced Phase I of the Texas Compassionate Use Program (TCUP) expansion selection process, and nine new businesses have been identified to proceed for an additional due diligence evaluation.
 

The following organizations will be conditionally awarded TCUP licenses, subject to additional due diligence evaluations such as disciplinary actions, financial suitability, litigation history, and any other information as required by the Department following Phase I of the selection process:
 

1.Verano Texas, LLC                                            Public Health Region 10

2.Trulieve TX, Inc                                                  Public Health Region 1

3.Texas Patient Access, LLC                                 Public Health Region 3

4.Lonestar Compassionate Care Group,   LLC     Public Health Region 3

5.Lone Star Bioscience, Inc                                   Public Health Region 8

6.PC TX OPCO LLC dba PharmaCann                Public Health Region 6

7.Texa OP, dba TexaRx                                        Public Health Region 11

8.Story of Texas, LLC                                           Public Health Region 6

9.Dilatso, LLC                                                       Public Health Region 2

Conditional licenses do not grant the applicant permission to cultivate, manufacture, distribute, or sell cannabis products until final approval by the Department. As a holder of a conditional license, the licensee is subject to the Department’s ongoing due diligence evaluation. Each conditional licensee is expected to fully comply with all statutory and regulatory requirements applicable to the medicinal license issued under TCUP.
 

DPS will be requesting additional information from these businesses and will not be invoicing any dispensing organization license fees until the additional due diligence evaluations are completed and passed. The announcement of these nine businesses today does not guarantee that these businesses will be issued final TCUP licenses to operate as dispensing organizations.
 

As outlined in House Bill 46, DPS will issue a total of 12 new licenses over a two-phased selection period. These nine conditional licensees in Phase I, and three conditional licensees in Phase II by April 1, 2026.

3. What is the contact information for the three current licensed dispensing organizations?

Fluent (formerly Cansortium Texas): Kristopher Kem
info@fluenttx.com
https://texas.getfluent.com/

Compassionate Cultivation
info@texasoriginal.com
https://texasoriginal.com/

Goodblend (Surterra Texas LLC, d/b/a goodblend)
SupportTX@goodblend.com
https://tx.goodblend.com/support/

4. How will the dispensing organizations ensure statewide access for patients?

The dispensing organizations' employees will be delivering prescriptions, as well as potentially filling prescriptions over the counter.

• You may wish to contact the licensed dispensing organizations to determine their specific delivery approach.

5. Will testing laboratories be licensed or approved by the state?

Texas Health and Safety Code Ch.487 regulates the cultivation, processing, and dispensing of low-THC cannabis and does not specifically address the licensing of low-THC cannabis testing laboratories.

• Only licensed dispensing organizations may test low-THC products.

6. Will I need a registration to work at a dispensing organization?

Yes. Texas Health & Safety Code §487.151 provides the requirements for employees to obtain a registration to work at a dispensing organization. Additional information can be found in the Administrative Rules, Section 12.12.

7. Are there restrictions on dispensing organization proximity to schools or daycares?

Yes. Administrative Rule 12.7(n) states:

All regulated premises shall be located at least 1000 feet from any private or public school or day care center that existed prior to the date of initial license application, measured from the closest points on the respective property lines.

The 1,000-foot provision in the CUP rules is based on Section §481.134 of the Health and Safety Code, which defines drug-free zones. In this statute, "school" refers to both private and public elementary or secondary schools, as well as day-care centers, as defined by Section 42.002 of the Human Resources Code. There is a separate definition for institutions of higher education. However, if a college or university has a day-care center on campus, it must comply with the requirements of Rule §12.7(n).

8. Can local governments prohibit the operations of a licensed dispensing organization?

No. Texas Health and Safety Code Sec. 487.201 states:

A municipality, county, or other political subdivision may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, dispensing, or possession of low-THC cannabis, as authorized by this chapter.

Credited Source: Texas Department of Public Safety