Can a Felon Get a Medical Card in Texas?

The state of Texas has adopted a very unique method in relation to medical cannabis compared to other states, and the significance of the difference cannot be overstated, particularly in relation to felons. If you are a felon who is curious about accessing medical marijuana in Texas, then the simple answer to that question is yes. But the fact is that the medical marijuana process in Texas is far from what would be considered conventional.

Texas Does Not Issue a Medical Marijuana Card

The first and most essential point one should realize here is that there is no such thing as a medical marijuana card issued in Texas. The state maintains its own program called the Compassionate Use Program (CUP), run by the Texas Department of Public Safety (DPS).

According to the CUP, a doctor registered in this program inputs information about the prescription in the Compassionate Use Registry of Texas (CURT). There will be no card, and only the data about the patient's identity and his/her prescription will be kept in CURT. Dispensing organizations will be able to check patients' prescriptions via CURT.

Moreover, there is no need to pay any state fees, to keep a card on hand, or to register separately as a patient. One just needs to get their prescription inputted in the registry to get access to low-THC products in Texas dispensaries.

Felons Can Participate in the Texas CUP

There are no provisions in Texas law that require any type of criminal background investigation of a patient applying for the CUP. Criminal offenses, whether associated with the use of drugs or not, do not influence one's eligibility for obtaining prescriptions through the CUP.

If you are a Texas resident with a qualifying medical condition and have a CUP-certified doctor who can write a prescription, then no requirement prevents you from taking part in the program, regardless of your criminal history.

An Important Note: No Caregiver System in Texas

In contrast to the majority of other states, there is no caregiver program associated with the Compassionate Use Program of Texas. According to the current legislation, the sole individuals who have the right to avoid criminal charges for the possession of low-THC marijuana are the patients themselves and their legal guardians. None of the other individuals, including spouses, relatives, or friends, is legally allowed to possess marijuana for the patient.

That is why it is important for felons who may be considering helping someone obtain their cannabis medication to understand that they do not receive any legal protection while doing that.

Texas CUP: Low-THC Cannabis Only

The Texas program is stricter than most states regarding what patients can access. For instance, the CUP can only accommodate low-THC cannabis, which refers to a cannabis product derived from the Cannabis Sativa L. plant containing no more than 0.5% THC by weight. Notably, this percentage is more lenient than the 0.3% THC cap, but is way below most other states' regulations.

Moreover, smokable cannabis products cannot be accessed through the Texas CUP. Patients can only access the cannabis products through swallowing in the form of oils, tinctures, capsules, edible products, and topicals. Effective September 1, 2025, new ways to access cannabis became available under House Bill 46, including the use of lotions, transdermal patches, suppositories, and inhalation devices like nebulizers, vaporizers, and inhalers.

Qualifying Conditions Expanded in 2025

Traditionally, Texas has kept a restrictive qualifying condition list. Nevertheless, with the passage of House Bill 46 into law, signed by Governor Abbott on June 21, 2025, and coming into effect from September 1, 2025, the list was substantially widened. The newly included qualifying conditions are listed below:

• Chronic pain (continuous or intermittent severe pain lasting more than 90 days)
• Traumatic brain injury
• Crohn's disease
• Terminal illness
• Hospice care patients

The complete list of qualifying conditions for 2025 includes epilepsy/seizures, multiple sclerosis, spasticity, ALS, autism, PTSD, cancer, incurable neurodegenerative diseases (including more than 100 illnesses), chronic pain, traumatic brain injury, Crohn's disease, terminal condition, and hospice care. Additionally, HB 46 called for the DPS to authorize 12 new dispensary licenses, resulting in a total of 15 in Texas.

A Unique Benefit: CUP Does Not Affect License to Carry

According to Texas state law, being involved in the CUP does not automatically make a person ineligible for an LTC. This is certainly an important safeguard at the state level. Nevertheless, under federal law, one cannot purchase or own firearms if he or she is using marijuana – federal law trumps state laws, and a felon with certain restrictions must be careful in his/her interpretation of that law.

Legal Considerations for Felons

Federal Law

Even with Texas's CUP program, marijuana continues to be classified as a Schedule I controlled substance at the federal level. For felons:

• Federal Probation/Parole: Possession or consumption of cannabis while on federal probation or parole will very likely constitute a violation of your probation/parole requirements. The use of medical marijuana through CUP will not provide any immunity at the federal level.
• Federal Housing: Federal and HUD regulations regarding federally assisted housing may still apply even under the CUP program.
• Federal Employment: Federal government employers and contractors have no requirement to adhere to the Texas state law regarding the CUP program.

State Probation

Many times, Texas State probation orders will include a condition where the person must be drug-free. Your CUP order does not supersede this condition. You should always discuss your participation in the CUP with your attorney or probation officer, if you have one.

Patient Information Is Confidential

Your CURT information is confidential under Texas state laws and is accessible to only authorized people at DPS, your treating physician, and dispensing agents. Your CURT information cannot be obtained through normal criminal background checks.

How to Get a Prescription Through the Texas CUP

Step 1

Confirm your condition qualifies under the 2025 CUP list.

Step 2

Find a CUP-registered physician using the DPS physician search tool. Telehealth is available through many providers.

Step 3

Attend your evaluation. If approved, the physician enters your prescription into CURT. No physical card is issued.

Step 4

Visit a licensed Texas dispensary and present a valid photo ID. The dispensary verifies your prescription through CURT.

No state fee applies. Physician fees typically range from $150 to $300.

Bottom Line

Texas CUP does not exclude felons from participation. No background screening for applicants, no possession of a card, no caregiver; only the patient themselves and their legal guardian are allowed to have CUP marijuana. There was a major expansion of the program in 2025, where the new conditions include chronic pain, Crohn's Disease, and terminal illness. The patient files in the CURT database are strictly confidential.

Federally monitored programs, probation, and even the drug ban remain in force despite CUP certification. You should always talk to your lawyer if you are supervised before joining the CUP program.

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