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marijuana dispensary in texas

Marijuana dispensary in texas

In 2015, the 84th Texas Legislative Session enacted the Texas Compassionate Use Act (Senate Bill 339) requiring the Department of Public Safety create a secure registry of physicians treating intractable epilepsy patients with low-THC cannabis.

In 2019, the 86th Texas Legislature expanded the program to include additional medical conditions and physician specialties for which low-THC cannabis may be prescribed. The Compassionate Use Registry of Texas (CURT) system has undergone the necessary modifications to allow additional physician specialty registrations and support patient prescriptions for these additional conditions (House Bill 3703).

Compassionate Use Registry
of Texas (CURT)

Program Information

Contact Information

Laws & Regulations
  • Compassionate Use Program Administrative Rules
  • Health and Safety Code Chapter 487
  • Occupations Code Chapter 169
  • HB 3703 86th Legislative Session
  • Incurable Neurodegenerative Disease definitions

The department has issued licenses to three dispensing organizations and is currently accepting registration applications from physicians. List of registered physicians.

Once a prescription is dispensed, the product will be labeled with information to assist law enforcement in confirming the legitimacy of the prescription and the patient’s legal right to possess low-THC cannabis.

Law Enforcement can call the Department to verify a patient or dispensing organization employee’s status.

Monday – Friday 7am to 6pm:
1-833-244-6702

Frequently Asked Questions (FAQ)

General

Texas Occupations Code Sec. 169.001 defines “Low-THC Cannabis” as the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains:

  • Not more than 0.5 percent by weight of tetrahydrocannabinols.

The Compassionate Use Program is statutorily limited to patients in Texas with:

  • Epilepsy,
  • A seizure disorder,
  • Multiple sclerosis,
  • Spasticity,
  • Amyotrophic lateral sclerosis,
  • Autism,
  • Terminal cancer, or,
  • An incurable neurodegenerative disease.

The Texas Department of State Health Services has designated the applicable neurodegenerative diseases by rule. See 25 Tex. Admin. Code 1, В§1.61.

  • Complaints regarding dispensing organizations may be submitted through the Compassionate Use Program’s Contact Us form.
  • For complaints regarding Physicians, please contact their respective medical board.
  • Prices are set by the licensed dispensing organizations, based on the market.
  • DPS does not regulate the cost of the product.

Patients

Low-THC cannabis may be prescribed if:

  • The patient is a permanent resident of Texas,
  • The patient is diagnosed with epilepsy, a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease, and,
  • The qualified physician determines the risk of the medical use of low-THC cannabis by a patient is reasonable in light of the potential benefit.
  • 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 Compassionate Use Registry.
  • Statute places no limitations on the age of the patient.
  • Patients under 18 may require a legal guardian.

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 В§487.107 only authorizes the possession of low-THC cannabis that is obtained through a prescription issued by a physician registered with the CUP program and the dispensing of a prescription for 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 В§169.001 specifically excludes smoking from the definition of “medical use.”

Texas Health and Safety Code В§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.

  • The registered physician will enter a prescription in the Compassionate Use Registry of Texas (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 patient’s last name, date of birth, and last 5 of social security number.

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

As of December 15, 2017, the department has issued three dispensing organization licenses:

  • Fluent (formerly Cansortium Texas) was licensed on September 1, 2017.
  • Compassionate Cultivation was licensed on October 31, 2017.
  • Surterra Texas was licensed on December 15, 2017. В

Contact information is under the FAQ’s for dispensing organizations.

Dispensing Organizations

Texas Health and Safety Code Ch 487 requires the department license at least three dispensing organizations, provided at least three applicants have met the statutory requirements.

  • This was based on an analysis of other states’ compassionate use programs, the number of patients in Texas with intractable epilepsy, and statutory requirements. Texas Health and Safety Code Chapter 487 requires that the department issue at least three licenses but no more than the number of licenses necessary to ensure reasonable statewide access to, and availability for patients prescribed low-THC cannabis under Chapter 169, Occupations Code.
  • 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 В§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.

Dispensing Organizations will need to submit a RSD-303 form for each employee. Once they are registered, the employee will be emailed a link to create their account in CURT.

  • 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.
  • 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.

Physicians

Physician qualifications are outlined in the Texas Compassionate Use Act В§169.002 as follows:

  • Proof of one or more board certifications in a medical specialty relevant to the treatment of each patient’s particular medical condition by a specialty board approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists.
  • The approved medical conditions for which low-THC cannabis may be prescribed are:
    • Epilepsy
    • A seizure disorder
    • Multiple Sclerosis
    • Spasticity
    • Amyotrophic Lateral Sclerosis
    • Autism
    • Terminal cancer
    • Incurable neurodegenerative diseases

Contact DPS’ Regulatory Services Division for more information regarding the denial.

The patient will need to contact their previous physician and ask to have the “relationship terminated” in the Compassionate Use Registry of Texas (CURT) system.

Compassionate Use Registry of Texas (CURT)

Texas Health & Safety Code В§481.111(e) (2) provides the statutory guidelines for what dispensing organizations are legally authorized to possess.

  • CURT is the system that allows physicians to register and prescribe low-THC cannabis to patients with certain medical conditions.
  • Once prescribed, dispensing organizations can search for the patient in the system and dispense the medication according to the prescription.

Physicians who wish to prescribe low-THC cannabis to qualifying patients must register in CURT.В Patients do not register in CURT; their prescriptions are entered by their physicians.

The Compassionate Use Registry of Texas (CURT) system is available to physicians and dispensing organizations 24-hours a day.

Law enforcement can call the Department to verify a patient or dispensing organization employee’s status, Monday – Friday, 7:00 am to 6:00 pm at (833) 244-6702.

The Texas Compassionate Use Act (Senate Bill 339) was enacted by the Texas Legislature in 2015 (84th Legislative Session).