Is Medical Marijuana Legal in Texas? Compassionate Use Program Rules for 2026
Short answer
Partly. Texas allows low-THC cannabis for patients with certain diagnoses through the Compassionate Use Program under Occupations Code ch. 169. It is a prescription program run through the Department of Public Safety. It is not a full medical marijuana system, and smoking is not a covered method.
Last verified November 2, 2026 against current Texas law
Is medical marijuana legal in Texas? For a patient with a qualifying diagnosis and a registered physician, yes, in a limited form. Texas has a medical cannabis program, but it covers low-THC products only and it works through a state registry rather than a medical card. If you are asking about recreational use, the answer is different, and our guide on whether weed is legal in Texas covers it. This page explains who qualifies, how a prescription works, what the 2025 law changed and what is still not allowed.
| Program | Texas Compassionate Use Program, run by the Department of Public Safety (DPS) |
|---|---|
| Who prescribes | A physician registered in the Compassionate Use Registry of Texas |
| THC limit | Not more than 10 milligrams of THC in each dosage unit |
| Smoking | Not a covered way to take it. A physician may prescribe an aerosol or vapor when medically necessary |
| Out-of-state medical cards | Not recognized in Texas |
| Main laws | Occupations Code ch. 169, Health and Safety Code ch. 487 |
| Latest expansion | House Bill 46, effective September 1, 2025 |
Does Texas have medical marijuana laws?
Yes. Texas passed its first law in 2015 and has widened it several times. The program lets a registered physician prescribe low-THC cannabis to a patient who has a listed condition, and the product is filled only by a dispensing organization licensed by DPS under Health and Safety Code ch. 487.
The law uses the phrase “low-THC cannabis,” not “medical marijuana.” That choice matters. A product is covered only if it has no more than 10 milligrams of THC in each dosage unit under Occupations Code § 169.001. Before September 1, 2025, the cap was 1% THC by weight, so House Bill 46 changed how the limit is measured as well as who can qualify.
Who qualifies for medical cannabis in Texas?
A patient qualifies when a registered physician diagnoses a listed condition and decides the risk of using low-THC cannabis is reasonable compared with the benefit. Under Occupations Code § 169.003, as amended by House Bill 46, the list includes:
- Epilepsy and other seizure disorders
- Multiple sclerosis, spasticity and amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- An incurable neurodegenerative disease
- Post-traumatic stress disorder
- A condition that causes chronic pain (new in 2025)
- Traumatic brain injury (new in 2025)
- Crohn’s disease or other inflammatory bowel disease (new in 2025)
- A terminal illness, or a condition treated with hospice or palliative care (new in 2025)
- A condition approved for a state research program under
Health and Safety Code ch. 487, subch. F, when the patient is treated under that program
A physician can also ask the Department of State Health Services to look at a condition that is not on the list. The state does not add conditions automatically, so a diagnosis outside this list does not qualify today.
How to get a medical marijuana prescription in Texas
There is no patient application and no plastic card. The process runs through your doctor, and the steps look like this:
- Find a registered physician. Only doctors who signed up with DPS can prescribe. They must hold a Texas Medical Board license and a specialty board certification.
- Get a diagnosis. The physician confirms you have a listed condition and weighs the risk and benefit for you.
- The prescription goes into the registry. The doctor enters it into the Compassionate Use Registry of Texas. Registry information about patients is confidential.
- Fill it at a licensed dispensing organization. You pick up or receive the product from a DPS-licensed business, and the prescription is also reported to the Texas State Board of Pharmacy.
A prescription can cover only a 90-day supply, and a physician may authorize up to four refills of a 90-day supply under Occupations Code § 169.003. Registered doctors are still few. A distributor executive quoted by the Texas Tribune in January 2026 said only about 800 of roughly 80,000 board-certified Texas physicians were registered. That number is the executive’s estimate, not a DPS figure, but it explains why finding a prescriber can take effort. DPS reported that about 135,470 patients were listed in the registry at the end of 2025.
Is medical weed legal in Texas if I want to smoke it?
No. The law defines medical use as ingesting, absorbing or inserting the product by a method other than smoking. Burning flower and inhaling the smoke is not a covered method, and smokable cannabis flower is still marijuana under Health and Safety Code § 481.121.
House Bill 46 did open one door. Under Occupations Code § 169.006, a physician may prescribe pulmonary inhalation of an aerosol or vapor when the patient’s condition makes that method medically necessary. The definition of smoking in Occupations Code § 169.001 does not include inhaling a medication or other substance that is aerosolized. The prescription must state the amount of THC per dosage unit, and the state sets rules for the devices.
Texas medical marijuana dispensaries in 2026
House Bill 46 raised the number of dispensing organization licenses to 15 under Health and Safety Code § 487.104. Before the law, DPS had three licensed operators. The expansion adds up to 12 more, and the rollout has come in phases:
- December 2025: DPS announced conditional approval of nine new businesses.
- April 1, 2026: DPS named three more conditional licensees, in Public Health Regions 4, 5 and 9. DPS said the announcement does not let them grow, make or sell product until final approval.
A new licensee must begin dispensing within 24 months after the license is issued under Health and Safety Code § 487.1045, so many new storefronts may not exist yet. The original operators sell mostly online, and a licensed dispensing organization may also open satellite locations under Health and Safety Code § 487.1035. Check the DPS Compassionate Use Program page for the current list before you drive anywhere, because licenses are conditional until DPS completes its review.
Smoke shops and “THC stores” are a different thing. They sell hemp products that are not part of the medical program, and the rules for them changed sharply in 2026. Our guide to the Texas THC ban explains what is still legal, and the CBD guide covers hemp CBD.
Real situations: how the medical program works in practice
You have a medical card from Oklahoma or New Mexico
It does not count in Texas. Texas has no reciprocity, so out-of-state patients are treated like anyone else under Health and Safety Code § 481.121 if they carry marijuana into the state. A dispensary purchase made in another state does not change that after you cross the line.
You have chronic pain and your doctor is not registered
Your doctor cannot prescribe low-THC cannabis unless they register with DPS. You can ask whether they plan to, or look for a registered physician. A prescription from an unregistered doctor does not protect you.
You are a patient who drives or works in a safety job
A prescription is not a defense to impairment. Driving without the normal use of your mental or physical faculties because of a substance is DWI under Penal Code § 49.04, even when the substance was prescribed. Employers in regulated fields can also set their own drug rules.
Timeline of the Texas medical cannabis law
| Date | What happened |
|---|---|
| 2015 | Senate Bill 339 created the Compassionate Use Program for intractable epilepsy |
| 2019 | House Bill 3703 widened the list of conditions |
| June 2025 | House Bill 46 was signed to expand the program |
| September 1, 2025 | House Bill 46 took effect: more conditions, a 10 mg per dose limit and room for 15 licenses |
| December 2025 | DPS announced nine conditional new licenses |
| April 1, 2026 | DPS announced three more conditional licensees |
Myths vs. facts about medical weed in Texas
| Myth | Fact |
|---|---|
| “Texas has a medical marijuana card.” | Texas has a physician registry, not a patient card. |
| “Any doctor can recommend cannabis.” | Only a physician registered with DPS can prescribe it. |
| “Medical weed means smokable flower.” | Smoking is not a covered method of use. |
| “Another state’s card works here.” | Texas does not recognize other states’ cards. |
| “Federal rescheduling made medical marijuana fully legal in Texas.” | Texas sets its own program rules. Federal changes did not widen the Texas list of conditions. |
Texas compared with neighboring states
| State | Medical program | Recreational |
|---|---|---|
| Texas | Low-THC cannabis, listed conditions, physician registry | Illegal |
| Oklahoma | Yes, broad program | Illegal |
| Louisiana | Yes | Illegal |
| Arkansas | Yes | Illegal |
| New Mexico | Yes | Legal for adults 21+ |
Will Texas legalize medical marijuana more broadly?
Only the Legislature can do it, and the next regular session starts in January 2027. Texas has no citizen ballot initiative. Our timeline on whether Texas will legalize weed covers the 2027 dates and past bills. Until then, the program rules above are what apply.
Frequently asked questions
Is medical weed legal in Texas now?
Partly. As of November 2026, registered patients with a listed condition can get low-THC cannabis through the Compassionate Use Program. Recreational use and smokable flower remain illegal under Health and Safety Code § 481.121, and the product must contain no more than 10 milligrams of THC per dosage unit.
Is medical cannabis legal in Texas for anxiety or depression?
Not on its own. Anxiety and depression are not on the statutory list in Occupations Code § 169.003. A patient with post-traumatic stress disorder, chronic pain or another listed diagnosis can qualify, but a diagnosis outside the list does not unless the state designates it.
Is medical marijuana allowed in Texas for minors?
The program began in 2015 for patients with intractable epilepsy, and seizure disorders and autism are on today’s list. A minor still needs a prescription from a registered physician. Ask the prescribing physician how consent and pickup work for a child.
Can I grow my own medical marijuana in Texas?
No. Home cultivation is not allowed for anyone, including patients. Only state-licensed dispensing organizations may grow, process and sell low-THC cannabis for the program.
Does Texas accept a medical marijuana card from another state?
No. Texas does not recognize medical cards from other states. Carrying marijuana into Texas under an out-of-state card is charged like any other possession, and moving it across state lines also violates federal law.
Can a medical marijuana patient carry a gun in Texas?
Federal law restricts gun possession by unlawful drug users, and it treats cannabis as a controlled substance. How that rule applies to a state-registered patient is contested. Ask a Texas-licensed attorney about your situation, and see our guide to Texas gun laws for who is barred from owning one.
What changed on this page
November 2, 2026: Page published. Covers the House Bill 46 expansion effective September 1, 2025, the 10 milligram dosage limit, the inhalation rule and the DPS license rollout through April 1, 2026.
If this affects you: if you think you may qualify, talk to a physician registered with the Compassionate Use Program, and check the current license list on the DPS Compassionate Use Program page. If you face a marijuana charge, speak with a Texas-licensed criminal defense attorney. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
