Texas.

Information provided is current as of August 16, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.

Texas - State Specific Information

Cannabis Legalization Status in Texas

Texas takes a conservative approach to cannabis legalization compared to many other states. Here's the current legal framework:

Medical Cannabis

Texas legalized limited medical cannabis use in 2015 through the Compassionate-Use Act. This legislation created a framework for qualifying patients to access low-THC cannabis products under strict medical supervision.

Recreational Cannabis

Recreational marijuana remains completely illegal in Texas. There are no provisions for adult-use cannabis, and possession outside the medical program carries criminal penalties.

Possession and Personal Use Guidelines

As of 2026, the Texas medical cannabis program operates under specific restrictions that both patients and employers should understand.

What Medical Patients Can Legally Possess

Registered patients in the Texas Compassionate Use Program may possess and use "low-THC cannabis" with the following specifications:

• THC Content: Up to 10 mg of THC per dose
• Authorized Forms: Oils, topical patches, suppositories, and prescribed inhalers or vaporizers

Strict Prohibitions That Remain in Effect

Even for registered medical patients, Texas law maintains firm restrictions:

• Home Cultivation: Growing cannabis plants at home is strictly illegal for all Texas residents
• Smoking/Combustion: The smoking or combustion of cannabis remains prohibited, even for medical patients

Employers operating in Texas should consult with medical counsel regarding their workplace drug and alcohol programs to ensure compliance with state regulations.

State Regulatory Framework

The Texas Compassionate Access program oversees the state's medical cannabis regulations. Unlike some states with extensive application processes and required forms, Texas has not specified particular state forms for the general program administration.

Employer Rights and Workplace Policies

Texas maintains its reputation as a strongly "pro-employer" state when it comes to workplace cannabis policies. This designation carries significant implications for both employers and employees.

Zero-Tolerance Policies Are Permitted

Under Texas Labor Code § 21.120, employers have broad authority to:

• Adopt and enforce policies prohibiting the use or possession of controlled substances
• Maintain zero-tolerance drug policies
• Terminate employees for positive THC test results

No Accommodation Requirements

A critical distinction for Texas employers: the state has no laws requiring the accommodation of cannabis use. This means:

• Medical cannabis patients receive no employment protections related to their marijuana use
• Employers can take adverse employment actions based on positive THC results
• The 2025 expansion of qualifying medical conditions does not change employment protections
• Medical status does not shield employees from drug testing consequences

Documentation Best Practices

Establishing robust documentation represents a key risk mitigation strategy for employers in Texas. Companies should maintain clear records of:

• Written drug and alcohol policies
• Employee acknowledgment of policies
• Drug testing procedures and results
• Any disciplinary actions taken

Safety-Sensitive Position Considerations

Employers should pay particular attention to safety-sensitive roles within their organizations. These positions are subject to strict zero-tolerance standards that override any state-level medical access provisions.

Identifying Safety-Sensitive Roles

Positions typically classified as safety-sensitive include those involving:

• Motor Vehicle Operation: Drivers, delivery personnel, equipment operators
• Hazardous Materials: Workers handling dangerous chemicals or substances
• Direct Patient Care: Healthcare workers with hands-on patient responsibilities

For these positions, employers should clearly communicate the heightened standards and ensure employees understand that medical cannabis registration provides no exception to drug-free requirements.

Privacy Laws and Confidentiality Requirements

Texas has implemented specific privacy protections for medical cannabis patients that employers must understand and respect.

Compassionate Use Registry Protections

Participation in the Compassionate Use Registry of Texas (CURT) is strictly confidential under HB 46 (2025). Access to patient status information is limited to:

• The Department of Public Safety (DPS)
• Registered physicians
• Licensed dispensaries

Employer Limitations

Employers do not have the right to search the CURT registry to determine if employees or applicants are registered medical cannabis patients. This protection maintains patient privacy and prevents discrimination based solely on registry participation.

Handling Disclosed Information

When an employee discloses cannabis use or tests positive for THC, employers must handle that information appropriately:

• Treat the information as confidential medical data
• Follow requirements under the Texas Data Privacy and Security Act
• Limit access to the information on a need-to-know basis
• Maintain secure records of any medical disclosures

Key Takeaways for Texas Employers

Navigating cannabis laws in Texas requires understanding several fundamental principles:

1. Employer Authority: Texas employers retain significant control over workplace drug policies without mandatory accommodation requirements.

2. Medical Access ≠ Employment Protection: Even as medical cannabis access expands, employment protections do not follow.

3. Documentation Matters: Thorough record-keeping serves as essential protection for employers exercising their policy rights.

4. Privacy Compliance: While employers can enforce drug-free policies, they must respect patient registry confidentiality and handle disclosed medical information appropriately.

5. Safety-Sensitive Clarity: Clearly identifying and communicating about safety-sensitive positions helps establish appropriate expectations.

Moving Forward

As cannabis laws continue to evolve across the United States, Texas maintains its distinct approach balancing limited medical access with strong employer rights. Companies operating in Texas should regularly review their drug and alcohol policies, ensure proper documentation practices, and consult with legal counsel on complex matters related to workplace substance use policies.