Will A Medical Marijuana Card From Another State Protect Me In Texas?

Will A Medical Marijuana Card From Another State Protect Me In Texas?

Legal medical marijuana use is more common in the US today, but there are many questions about its legality in Texas. For example, can you use a medical marijuana card from another state in Texas? Learn more about this and related medical marijuana information below. If you have questions about a criminal case, our drug possession lawyer in League City can help.

Is Medical Marijuana Legal In Texas?

Yes, medical marijuana is legal in Texas. So, you can get a medical cannabis prescription if you need it for a qualifying medical condition. But using marijuana for recreational reasons is illegal in the state. It is still a criminal offense in Texas to carry and deliver marijuana intentionally, and jail and fines are possible if you are convicted.

If you want to qualify for medical marijuana in Texas, here is what you need to do:

• You need to be a permanent Texas resident;
• You have to have been diagnosed with a qualifying medical condition by a physician approved by the state;
• Be evaluated and obtain a prescription from a licensed and qualified physician who has registered with the state of Texas to prescribe cannabis to their patients; and
• You must be added to the Compassionate Use Registry in the state by a licensed physician who determined that your risk of consuming low-THC cannabis is reasonable in light of your medical condition.

Remember that there is not an actual medical marijuana card in Texas. Instead, you will be listed in the Compassionate Use Registry as authorized to have a medical marijuana prescription.

Does Texas Have A Medical Marijuana Program?

Yes, it is called the Texas Compassionate Use Program. The program allows licensed doctors to prescribe low-THC marijuana for various medical uses. There is no limit on the patient’s age, but those under 18 may need their legal guardian’s permission.

Which Illnesses Qualify For A Medical Marijuana Card In Texas?

Many illnesses may qualify for medical cannabis use under the Compassionate Use Program. These include

• Epilepsy and other seizure disorders
• Multiple sclerosis
• Spasticity
• Autism
• Cancer
• Post-traumatic stress disorder (“PTSD”)
• Incurable neurodegenerative disease
• Amyotrophic lateral sclerosis (“ALS”)
• Any other medical conditions approved by the State

Is There Medical Marijuana Reciprocity In Texas?

Medical marijuana reciprocity means a state has reciprocity with other states. This allows patients to buy medical marijuana from either state even if their medical marijuana card does not come from there. Unfortunately, this is not the case in Texas, so your medical marijuana card from another state will not protect you in Texas. Texas is still tough on marijuana possession, so you do not want to possess cannabis in Texas if you have a medical marijuana card from another state. This will not protect you, and you are subject to potential arrest by Texas law enforcement.

How Popular Is The Texas Medical Marijuana Program?

Since the Texas Legislature first allowed low-THC medical cannabis in the state in 2017, lawmakers have slowly expanded its legality. That continued through 2021 when legislators passed a law allowing it to be used for PTSD. According to recent data, the PTSD law seems to have significantly impacted the program.

From May to October 2021, patient participation in the medical marijuana program soared by 140% to at least 13,000 patients. The most significant increases were in September 2021, when PTSD and cancer law kicked in. The number of doctors approved to prescribe marijuana through the compassionate use program rose from 323 to 465 in a few months.

As interest in medical marijuana in Texas rises, some experts say the statistics reflect many people who used OTC CBD oil can now buy quality medical cannabis to deal with their medical condition, which may be more beneficial. Also, marijuana use will be overseen by a physician, which means it will be integrated into their medical care plan, which should improve health.

Better healthcare supervision with medical marijuana means better care, rather than just buying CBD from a local shop where you do not know what you are buying. Also, buying cannabis from licensed dispensaries ensures that high-quality products are offered to the public.

Additional Questions And Answers About Texas Medical Marijuana

While Texas has a medical marijuana program, many rules and restrictions exist. For example, an out-of-state medical marijuana card is invalid here. So if you try to buy marijuana with your out-of-state card, you could be charged with a crime. Other common questions about the state’s Compassionate Use program include:

How Does The Texas Medical Marijuana Program Work?

You are required to get a prescription for medical marijuana from a licensed physician who is registered with the compassionate use program. The doctor will electronically record your prescription and patient information into the Compassionate Use system. Then, patients may pick up their orders from a licensed dispensary. However, they must show their ID and give their name, date of birth, and social security number.

Can You Get A Drug Possession Charge If You Possess Pot With A Prescription?

The Texas Health & Safety Code offers an exception for a patient with a valid compassionate-use prescription for cannabis with low THC. Police can access the online registry system and check your prescription, including the type and amount of product prescribed. They also can see if you have filled prescriptions for cannabis.

Remember, possessing marijuana without a valid prescription is still against the law. You could be charged with drug possession and convicted of a misdemeanor.

What Are The Laws For Growing Medical Marijuana In Texas?

In March 2016, the Texas Department of Agriculture started an online permitting process that allows companies to grow and cultivate industrial hemp within the law in Texas. Also, the 2018 Farm Bill made it legal to produce hemp commercially and allowed states to provide state plans to oversee hemp programs.

In June 2019, Governor Greg Abbott signed House Bill 1325, which allowed hemp to be sold. But Texas still does not allow at-home cultivation, even if you are a medical marijuana user.

What Kind Of Medical Marijuana Can You Possess In Texas?

You only can get medical cannabis in the Lone Star State in the form of oil with a THC content below .5% with the approval of a doctor. But you can get products with less than .3% without consent.

Summary of Medical Marijuana In Texas

Texas allows medical marijuana, but it is still one of the strictest states in the country. So, it is essential to understand all of the rules and regulations. Remember that medical use is only legal if you have a doctor’s prescription. Otherwise, possessing marijuana is still illegal. As a reminder, here is a review of Texas drug possession penalties, including for marijuana:

Marijuana possession for less than two ounces is a Class B misdemeanor. Possessing two to less than four ounces is a Class A misdemeanor. If you are caught with four ounces to five pounds of cannabis, it is a state jail felony. For any of these charges, you can do anywhere from a few months to years in jail.

What Are Defenses To Drug Possession Charges In Texas?

There are many defenses to drug possession charges. Hopefully, you have a valid medical marijuana prescription and will not be charged with drug possession! However, if you do not have a prescription, your attorney will work with you to construct the best defense:

Lack Of Possession Or Knowledge

Drug possession crimes in Texas require proof that you had possession of the drug and knew what they were or that they were in your possession. You could be acquitted if the state prosecutor cannot show that you had possession or knowledge. For instance, if you are in someone else’s car and marijuana is under the seat, you may argue it is not yours and had no idea it was there.

Illegal Search And Seizure

Sometimes the police will search illegally and seize during a traffic stop. If law enforcement does the search contrary to the Constitution and lacks probable cause, the evidence could be suppressed later.

Unaware Of The Drugs

Sometimes a person can possess narcotics and not know it. For instance, you may have borrowed your friend’s van when yours was being repaired, and you did not know there was marijuana in the glove compartment. In order to be in legal possession of a drug in Texas, the State has to prove knowledge of its presence by the accused.

Legal Possession

This article highlights that medical marijuana is legal in Texas with a valid prescription. Cases have arisen where someone is pulled over and has marijuana on them and is arrested. However, the police later discover that the person has a legitimate medical condition and can have cannabis.

If you can use cannabis for a medical condition in Texas, inform the police of your right. If questions continue about the legality of your possessing marijuana for medical use, talk to your criminal defense attorney today.

Talk To Our Drug Possession Lawyer In League City Today

While medical marijuana is legal in Texas, you have to have a valid medical marijuana prescription and other restrictions. You could get charged with a drug crime if you are not careful. If you have been charged with drug possession in Texas, do not try to take on the criminal justice system alone. Instead, rely on our drug possession lawyer in League City at Mark Diaz & Associates at (409) 515-6170.