Texas Medical Marijuana in 2026: Eligibility, Prescriptions and Key Rules
Texas permits limited medical use of low-THC cannabis through the state’s Compassionate Use Program (CUP). The program is administered by the Texas Department of Public Safety (DPS), while physician authority and patient eligibility are established primarily under Chapter 169 of the Texas Occupations Code and Chapter 487 of the Texas Health and Safety Code.
Texas does not operate a traditional medical-marijuana card system. Instead, a qualified physician must prescribe low-THC cannabis and enter the order into the Compassionate Use Registry of Texas (CURT). Licensed dispensing organizations use CURT to verify patients and fill prescriptions.
Who may qualify?
To participate, a patient must be a permanent Texas resident, have a qualifying medical condition, and receive a prescription from a physician registered with the CUP. The physician must also determine that the potential benefits of low-THC cannabis outweigh the risks for that particular patient.
Texas law currently identifies the following qualifying conditions:
- Epilepsy
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- Post-traumatic stress disorder (PTSD)
- Crohn’s disease and other inflammatory bowel diseases
- A condition that causes chronic pain
- An incurable neurodegenerative disease
- A terminal illness or a condition for which the patient is receiving hospice or palliative care
- Traumatic brain injury
- A medical condition being treated through an approved compassionate-use research program
The list has expanded significantly since Texas created the program in 2015. Rules also allow certain incurable neurodegenerative diseases to qualify, and physicians may request consideration of additional conditions through the process described by the Texas Department of State Health Services.
What counts as low-THC cannabis?
Under Texas law, low-THC cannabis generally means cannabis or a cannabis-derived product containing no more than 1 percent THC by weight. This is substantially different from the higher-THC products available in states with broader medical-marijuana programs.
Smoking is not permitted as a method of medical use. However, Texas adopted rules in connection with House Bill 46 that allow certain approved pulmonary inhalation devices. These devices may deliver an aerosolized or vaporized substance but may not burn or ignite cannabis to produce smoke. Patients should follow the form and method prescribed by their physician and supplied by a licensed dispensing organization.
How to obtain a prescription
- Find a physician registered with the Compassionate Use Program using the state’s CURT physician search.
- Discuss the diagnosis, treatment goals, potential benefits, and risks with the physician.
- If the physician determines that the patient qualifies, the physician enters the prescription and patient information into CURT.
- The patient or legal guardian presents identification at a licensed dispensing organization and provides the patient’s last name, date of birth, and last five digits of the Social Security number for verification.
Patients do not submit a separate state application, pay a state registration fee, or obtain a physical medical-marijuana card. A patient or documented legal guardian may pick up the order from a licensed dispensary. Prescriptions issued in another state cannot be filled through the Texas program.
Age and possession rules
Texas law does not set a minimum age for CUP prescriptions. Patients younger than 18 may need a parent or legal guardian to assist with the prescription and dispensing process.
Patients cannot grow their own cannabis. Low-THC cannabis must be obtained through a licensed dispensing organization, and the statutory protections for possession apply to products obtained through the authorized program. Recreational marijuana remains illegal in Texas, so possession of cannabis outside the CUP can still carry criminal consequences.
House Bill 46, effective September 1, 2025, also expanded the CUP’s licensing framework and authorized additional dispensing locations and product forms. Those changes are intended to improve statewide access, but availability may still vary by location.
For the most current eligibility, physician, dispensing, and product rules, patients should consult the DPS patient guidance and the state’s Compassionate-Use Act. A physician must evaluate each patient individually; having a listed diagnosis does not guarantee that a prescription will be issued.
