Is Pot Legal in Texas in 2023?

If you suffer from a qualifying medical condition, you could get low-THC cannabis prescribed by a doctor, provided you are:   

• A permanent Texas resident
• A Compassionate Use Program registered doctor prescribes
• Your physician decides that any medical benefits outweigh the risks  

While there is no age limit, patients under 18 years may require a legal guardian.

After your physician has entered a prescription into the Compassionate Use Registry, you can get the cannabis oil prescribed to you from any licensed dispensary. Make sure to bring an ID when collecting your prescription.

Pot, also known as marijuana or cannabis, remains illegal under federal law. The Controlled Substances Act of 1970 classified marijuana as a Schedule I drug, meaning it may have a high potential for abuse and is not accepted for medical use. This classification places marijuana in the same category as more harmful drugs such as heroin and LSD.

However, the issue is much more complicated. As of 2022, 37 states and the District of Columbia have legalized the medical use of marijuana, while 21 states and the District of Columbia have legalized recreational marijuana. Therefore, state laws are currently in conflict with federal law, creating a complex legal situation for those involved in the cannabis industry. While several bills have been introduced in Congress to decriminalize or legalize marijuana at the federal level, none have yet passed into law.

Meanwhile, the cannabis industry has continued to grow, mainly due to the support of the general public and state governments. While federal laws will likely change in the next few years to reflect these shifting attitudes, those currently involved in the cannabis industry still face significant legal uncertainty and risk.

Some states allow individuals to grow their own medical marijuana. However, by law, growing cannabis in Texas is prohibited, whether you want to use the substance for medical or recreational use (which is also illegal).

In those states that have not legalized cannabis for recreational use, including Texas, self-medicating with cannabis or using cannabis for any medical condition is generally prohibited. Moreover, even possessing small amounts of cannabis could land you in hot water with the law.

If you have a condition that qualifies for medical marijuana in Texas, you need to obtain a prescription from a healthcare provider, allowing you to purchase medical marijuana from a dispensary.

Generally, patients only need a valid ID to pick up medication from licensed dispensaries. However, some doctors can issue you a card to quickly identify yourself as a registered patient. Having a card can be useful in certain situations, for example, to present to an employer or law enforcement. 

At Morgan & Morgan, we have been fighting For the People for over 35 years with over $25 billion recovered for our clients. If you have questions or concerns about legal pot use in Texas in 2023, contact us today for a free, no-obligation case evaluation. We’re here to help.