Texas Compassionate Use Program (TCUP)

Low-THC cannabis may be prescribed if: the patient is a permanent resident of Texas; the patient is diagnosed with a qualifying condition; and the qualified physician determines the risk of the medical use of low-THC cannabis is reasonable in light of the potential benefit.

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

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 on the CURT website.

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.

The registered physician will enter a prescription in the 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 the patient's last name, date of birth, and last 5 of social security number.

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 registry.

No. Patients must be permanent Texas residents.

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.

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

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.

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

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.

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

A patient's participation in CUP does not, in itself, disqualify the individual from obtaining or maintaining a License to Carry (LTC). The department does not believe the FBI's determination regarding certain medical marijuana programs applies to Texas' low-THC cannabis Compassionate Use Program. However, the individual's underlying condition may under certain circumstances be disqualifying if it potentially affects the individual's ability to exercise sound judgment.

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

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.

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.

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.

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.

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.