What is the Texas Compassionate Use Program?
The Texas Compassionate Use Program (CUP) is the state's medical cannabis program, administered by the Texas Department of Public Safety (DPS). It was established under the Texas Compassionate-Use Act (codified in Texas Health and Safety Code, Chapter 487) and is implemented through DPS rules in Title 37, Part 1, Chapter 12 of the Texas Administrative Code. The program allows qualified Texas patients to receive low-THC medical cannabis prescribed by a CUP-registered physician and dispensed by a licensed dispensing organization.
Who qualifies?
Texas law lists specific medical conditions that qualify a patient to receive low-THC cannabis through the program. As of the most recent legislative updates (including House Bill 46), qualifying conditions commonly include:
- Epilepsy and seizure disorders
- Multiple sclerosis (MS)
- Amyotrophic lateral sclerosis (ALS)
- Autism spectrum disorder
- Cancer
- Post-traumatic stress disorder (PTSD)
- An incurable neurodegenerative disease
- A terminal illness or a patient receiving hospice or palliative care
- Chronic pain (as defined and added by recent legislation)
- Additional conditions established by the Texas Legislature or DPS
Eligibility and the current list of qualifying conditions are determined by Texas law. A CUP-registered physician is the appropriate person to confirm whether a patient qualifies.
How do I find a CUP-registered physician?
Only physicians who are registered with the Compassionate Use Registry of Texas (CURT) may evaluate patients for the program and enter prescriptions. The Texas Department of Public Safety maintains the registry and publishes information about registered physicians. Patients can ask their current physician whether they are CUP-registered, or look for a registered specialist in their area of care.
What products are available under Texas law?
Texas law limits the products that may be dispensed through the Compassionate Use Program. Current statutory and regulatory limits include:
- Maximum of 10 mg of THC per dosage unit
- Maximum of 1 gram of THC per package
- Permitted product forms include gummies, tinctures, lozenges, lotions, transdermal patches, suppositories, inhalers, nebulizers, and vape pens
- Smoking of medical cannabis is prohibited under Texas law
Specific products available at any given time will be those produced by Texas-licensed dispensing organizations in accordance with state law.
Patient privacy
Patient information in the Compassionate Use Registry of Texas (CURT) is confidential under Texas law and is not subject to public disclosure. Dispensing organizations are required to handle patient data in accordance with state requirements and the program's privacy framework.
How dispensing works
After a CUP-registered physician evaluates a qualified patient and enters a prescription into CURT, a licensed dispensing organization verifies the prescription and dispenses the product to the patient or their legal guardian or designated caregiver, in accordance with Texas law.