Recreational marijuana is not legal in Texas
The Compassionate Use Program applies only to patients with specific qualifying medical conditions who have a valid prescription from a CURT-registered physician. All other cannabis possession or use is a criminal offense under Texas law.
The Compassionate Use Program (CUP)
The Compassionate Use Program (CUP) is Texas's medical marijuana program. It allows licensed physicians to prescribe low-THC cannabis to patients with certain qualifying medical conditions. The program is administered by the Texas Department of Public Safety (DPS).
Who qualifies?
Under Texas law, a physician may prescribe low-THC cannabis to a patient diagnosed with one of the following conditions: epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis (ALS), autism, terminal cancer, post-traumatic stress disorder (PTSD), or an incurable neurodegenerative disease. The patient must be a permanent Texas resident and under the ongoing care of a physician registered with the Compassionate Use Registry of Texas (CURT).
What is low-THC cannabis?
Low-THC cannabis under Texas law contains no more than 1% tetrahydrocannabinol (THC) by weight and at least 10% cannabidiol (CBD). It is available only through licensed dispensing organizations authorized by DPS — it cannot be purchased at a standard retailer.
Possession outside a valid prescription is a criminal offense
Possessing cannabis outside of a valid CUP prescription is a criminal offense under Texas law, regardless of whether a prescription is held in another state.
Find a prescriber
To receive a low-THC cannabis prescription, you need to be seen by a physician registered with the Compassionate Use Registry of Texas (CURT). Not all physicians are registered — use the CURT search tool to find one near you.
For physicians: how to register with CURT
Physicians who wish to prescribe low-THC cannabis to qualifying patients need to register with CURT through DPS. Registration allows physicians to enter and update patient prescriptions in the registry. DPS provides step-by-step instructions for completing the registration process.
CURT registration is required
A physician does not need a special DEA license to prescribe low-THC cannabis under the CUP, but they must be registered with CURT. Prescriptions cannot be filled at a standard pharmacy — only at a DPS-licensed dispensing organization.
Laws and rules
Medical marijuana in Texas is governed by specific state legislation. The laws below established and expanded the Compassionate Use Program over time. The Texas State Law Library also maintains a research guide covering state and federal laws on marijuana, hemp, and hemp-derived products such as CBD.
Senate Bill 339 (2015)
Senate Bill 339 (84th Legislature, 2015) established the Compassionate Use Program and authorized the use of low-THC cannabis for patients with intractable epilepsy. It created the original framework for physician registration, patient prescriptions, and licensed dispensing organizations.
House Bill 3703 (2019)
House Bill 3703 (86th Legislature, 2019) significantly expanded the program to include additional qualifying conditions, including terminal cancer, PTSD, and several neurodegenerative diseases. It broadened access to the CUP for a larger group of patients across Texas.
Texas cannabis law research guide
The Texas State Law Library maintains a regularly updated research guide covering Texas and federal laws on marijuana, hemp, and hemp-derived products like CBD. It includes statutes, regulations, and case law relevant to both medical and non-medical contexts.
Federal law still applies
Cannabis remains a Schedule I controlled substance under federal law, regardless of state programs. This may affect federal employment, federal housing, immigration status, and other federally regulated areas. Consult a licensed attorney if you have questions about how federal law applies to your situation.