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Law Enforcement FAQs

    1. Will patients be able to grow their own cannabis?

No. Only licensed cultivators can grow cannabis and only for the production of low-THC cannabis. Patients are required to purchase low-THC cannabis products from a licensed dispensing organization.


    2. Will it be legal to smoke low-THC marijuana now?

No. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC cannabis by smoking.


    3. What protections will patients and legal guardians have against criminal prosecution for possession of marijuana?

Texas Health and Safety Code §481.111(e)(1) exempts patients or their legal guardians from   criminal offenses relating to possession of low-THC cannabis that has been prescribed under a valid prescription from a state of Texas licensed dispensing organization.


    4. Will dispensing organizations be allowed to make products from different plant strains even if the plant has more THC, as long as the end product meets statutory levels?

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


    5. What are the penalties for someone who is in violation of the Compassionate Use Program?

All controlled substance penalties will remain the same. The only change to the law applies to exemptions for low-TCH cannabis. A list of these exemptions can be found in the Texas Health and Safety Code Section 481.111.


    6. Will other forms of medical marijuana be available through prescription?

No, Low-THC cannabis is the only form available through prescription

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