Is CBD Oil Legal in Texas? | Prosecution Depends on Location (2020)
People think since you can purchase CBD at almost any corner store in Texas, that it must be legal. Even elected district attorneys have different opinions about the legality of CBD oil in Texas. In this article we’re going to take a look at the circumstances under which CBD oil is legal and the arguments some prosecutors are making to charge individuals who possess CBD oil in Texas.
The cannabis plant contains over 100 cannabinoids. THC and CBD are the two most commonly discussed cannabinoids. Legislators at both the state and federal level have started recognizing the therapeutic value of CBD and CBD oils, although the legal landscape surrounding CBD oils is far from straightforward for Texans who want use it. Some of the confusion surrounding CBD stems from recent legalization at the federal level and very limited legalization in Texas.
Texas Governor Signs Law Legalizing Hemp Production, CBD
On June 10, 2019, Governor Greg Abbot signed a new law making CBD legal in Texas as long as it contains .3 percent or less THC. The law, which was House Bill 1325, went into effect on September 1, 2019, enacted the following:
- Defined hemp under the Agriculture Code as the cannabis plant and all derivates, extracts, cannabinoid, isomers, etc. that has no more that 0.3 percent THC on a dry weight basis.
- Required a memo of understanding between the Department of Agriculture and Department of State Health Services requiring DSHS to cooperate with the Department of Agriculture in developing a hemp production plan.
- Amended the Health and Safety Code to specifically exclude hemp from being a controlled substance. It also specifically exclude THC found in hemp.
- Excluded hemp from the definition of marijuana.
Will You Be Prosecuted for Possession of CBD Oil?
Whether you will be prosecuted for possession of CBD oil in Texas depends entirely upon where you are located. In North Texas, Denton County is not prosecuting CBD oil only cases, Dallas County is “not aggressively prosecuting” CBD oil cases, and the Collin County District Attorney is still deciding. Tarrant County, on the other hand, is prosecuting CBD oil cases. As we will discuss later, officials can chose to prosecute CBD oil that contains THC for Possession of a Penalty Group 2 Substance in Texas. While all elected prosecutors understand that theory of prosecution, the reality is that CBD oils usually contain less than .3 percent of THC, if they contain any at all.
Tarrant County’s position has been to prosecute cases with THC. Additionally, the First Assistant District Attorney recently stated to a local news organization that Tarrant County will prosecute possession of CBD oil not containing THC as a misdemeanor offense. (More on this later.)
Where is CBD Oil Legal in Texas?
CBD Oil is legal everywhere, as long as it falls under the .3 percent threshold.
Is CBD Oil Illegal Federally?
CBD is no longer illegal under federal law. On January 1, 2019 – with the passage of the Agricultural Improvement Act of 2018 (also known as the Farm Bill Act) – it became legal to grow or possess hemp under federal law as long as it has less than .3 percent THC.
CBD oil is a derivative of the hemp plant, therefore making it legal under federal law as long as it has less than .3 percent THC.
It’s important to point out that cannabis products (hemp-derived or otherwise) marketed with a claim of therapeutic benefit must be approved by the FDA. (Source: FDA)
CBD Prosecution Texas
Prosecutors in some jurisdictions, like Tarrant County, will have CBD tested for the presence of THC. If there is any detectable amount of THC, they are filing these cases as Possession of a Controlled Substance – Penalty Group 2 under Texas Health and Safety Code 481.103 and 481.116.
Like marijuana, prosecution based on possession of CBD products in Texas is largely a function of where you are, not what you possess.
We made an open records request to the Tarrant County District Attorney asking for the number of CBD oil cases that were prosecuted by her office.
While we continue to analyze those numbers, we did obtain information from the Office of Court Administrations that shows the effect an elected District Attorney can have on the cases pursued by the office.
For example, prosecution of misdemeanor marijuana cases in Tarrant County has increased seven times the state average since the beginning of the current district attorney’s administration, exceeding even more conservative neighboring jurisdictions. Not to mention, both the Republican governor and the Texas Republican platform support decriminalization of marijuana.
CBD Oil as a Misdemeanor
The Texas Controlled Substances Act is codified under Texas Health and Safety Code Chapter 481. Health and Safety Code Section 481.032 says that the Commissioner of State Health Services is to set out what substances are deemed Controlled Substances in Texas under Schedules I through V. Chapter 481.034 retains the right for the legislature to remove substances from the Controlled Substance list. In May of 2017, the Texas Commissioner of the Department of State Health Services, Dr. John Hellerstedt, ordered “that the substance Marijuana Extract, meaning an extract containing on or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant) into Schedule I.Health and Safety Code Section 481.119(b) makes possession of a “controlled substance listed in a schedule by an action of the commissioner…but not listed in a penalty group” a Class B misdemeanor offense.
Theories for CBD Prosecution in Texas
Possession of CBD Oil is specifically distinguished from the possession of marijuana in Texas. Texas Health and Safety Code Section 481.002 excludes oils and resins from the definition of marijuana.
If you go through Chapter 481 of the Health and Safety Code, you will find substances like THC (Tetrahydrocannabinol) and dronabinol (synthetic marijuana). What you won’t find in Chapter 481 is “cannabidol.” You also won’t find any of the other descriptors of cannabidol found on the Open Chemistry Database maintained by the National Center for Biotechnology Information or in any penalty group in Texas.
As of May 2017, however, you will find the addition of “Marihuana Extract” in the Texas Register [PDF] (not the Health and Safety Code) by the order [PDF] of the Commissioner of the Department of State Health Services. That order is what the Tarrant County District Attorney is using as a basis to prosecute CBD oil possession cases at the misdemeanor level.
Prosecution of CBD Oil in Tarrant County
An NBC 5 investigation first brought the prosecution of CBD oil in Tarrant County to light. In an interview with NBC 5, the Tarrant County First Assistant District Attorney said Tarrant County is “going to enforce the law.” When he says that any amount of CBD oil is illegal – and a misdemeanor offense if it does not contain THC – the law he is referring to is not one passed by Texas legislators. Texas legislators have not specifically made cannibidiol a controlled substance. A medical doctor, who serves as the DSHS Commissioner, added cannibidiol to the list of controlled substances.
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After the NBC5 investigation broke and the interview aired, the elected District Attorney released a statement that she has “not spent and do[es] not expect to spend significant resources on cases involving CBD oil.”
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We are unaware of any other district attorney in Texas that is prosecuting misdemeanor CBD oil under this theory. According to the NBC 5 investigation, no other county in North Texas is prosecuting CBD oil possession as aggressively as Tarrant County.
Have Recent Amendments Made CBD Oil Legal?
Effective April 5, 2019, Dr. Hellerstedt amended the listing for marijuana and THC to fall in line with the federal Farm Bill Act. [PDF]
The changes are as follows: First, “[t]he term marihuana does not include hemp as defined in section 297 A( I) of the Agricultural Marketing Act of l 946.” Second, THC no longer includes THC contained in “hemp (as defined under section 297A( I) of the Agricultural Marketing Act of 1946)”However, “marijuana extract” still means “an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis other than the separated resin (whether crude or purified) obtained from the plant.”As a result, the April 5, 2019 amendment only added more confusion for citizens, law enforcement agents, and prosecutors across the state. Additionally, this amendment is not going to keep Tarrant County from continuing to file charges.
Felony Prosecution of CBD Oil in Tarrant County
In Tarrant County, if the CBD contains THC, the case is the filed as a felony as a Penalty Group 2 illegal substance. This penalty group is generally reserved for hallucinogens, their salts, isomers, and salts of isomers.
What most people don’t realize is the person charged with Possession of a Penalty Group 2 substance is charged with the entire weight of the substance, including “adulterants or dilutants.” In other words, a small eye dropper bottle of CBD oil with half an ounce of liquid could contain a second-degree felony amount of drugs. That means the person is facing 2 to 20 years in prison and up to a $10,000.
Individuals possessing CBD oil, which is sold and marketed as being free of any psychoactive ingredients, are being punished as though it were equivalent to PCP, MDMA, or Ecstasy, or other hallucinogenic Penalty Group 2 substances.
What is CBD Oil?
CBD is short for Cannabidiol. Like THC, it is one of 85 cannabinoids present in the cannabis plant. CBD Oil contains high levels of CBD and trace amounts of THC. The lack of high levels of THC makes CBD Oils non-psychoactive.
What is THC?
THC is short for Tetrahydrocannabinol. This is one of many chemical compounds found in cannabis. THC is responsible for the psychological and euphoric effects of the drug. In other words, it is what makes people feel “high” when they smoke or ingest marijuana.
How is CBD Different From THC?
The short answer is, unlike THC, CBD is not psychotropic. Consequently, it doesn’t result in a euphoric high the way THC does.
The longer answer is far more interesting. It is important to first distinguish marijuana from hemp. Scientifically, both marijuana and hemp come from the “cannabis sativa” plant, according to the USDA. Marijuana, though in the same scientific family as hemp, is a much smaller plant. Hemp, the taller and more fibrous version of the sativa plant has a long history in the United States. In fact, George Washington grew hemp on Mount Vernon.
Over years of breeding, the cannabis plant was developed to have high levels of THC. It is this breeding to elevate THC levels that has spurred the illegal marijuana market. Because CBD comes from an entirely different plant than marijuana, its chemical properties are different.
THC is found in large quantities in cannabis, or what most people think of as the marijuana plant. Unlike cannabis, or marijuana, hemp contains low concentrations of THC. CBD Oils are generally made from the hemp plant so they contain high levels of CBD and trace levels of THC. As a result, CBD provides a less controversial alternative to THC for health benefits.
What is the Compassionate Use Act?
In 2015, Governor Greg Abbott signed into law what’s known as the Texas Compassionate Use Act, which allows the use of CBD oils to treat seizures caused by intractable epilepsy. The Act legalizes oils containing CBD for treatment of epilepsy, as well as other chronic medical conditions for those who have not responded positively to use of federally approved medications.
The Act authorizes the Department of Public Safety to license dispensing organizations, which function similar to compounding pharmacies. Only neurologists and epileptologists are able to offer prescriptions for CBD oil. While the law was implemented in 2015, access to CBD was delayed until 2017 to allow for additional time to create a system to ensure that distribution is confined to genuine medical necessity along with a detailed registry identifying doctors and dispensaries.
Selling CBD Oils without FDA Approval
Under current federal law, unapproved sellers of CBD Oils who describe the medical benefits of CBD Oils should at the very least expect to get a Cease and Desist letter from the FDA with language along the lines of:
Your product is not generally recognized as safe and effective for the referenced uses and, therefore, the product is a “new drug” under section 201(p) of the Act [21 U.S.C. § 321(p)]. New drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from the FDA, as described in section 505(a) of the Act [21 U.S.C. § 355(a)]; see also section 301(d) of the Act [21 U.S.C. § 331(d)]. FDA approves a new drug on the basis of scientific data submitted by a drug sponsor to demonstrate that the drug is safe and effective.
Furthermore, your product is offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use this drug safely for its intended purposes. Thus, ______ is misbranded within the meaning of section 502(f)(1) of the Act, in that its labeling fails to bear adequate directions for use [21 U.S.C. § 352(f)(1)]. The introduction of a misbranded drug into interstate commerce is a violation of section 301(a) of the Act [21 U.S.C. § 331(a)].
What Can CBD Oil be Prescribed for in Texas?
Studies show CBD oil has promise in the following areas: anxiety relief, anti-seizure, and pain relief.
However, in Texas, the only approved treatment at this time or the reduction or elimination of seizures. Notably, Florida passed a similar law in 2014, but in 2016, voters amended the law to allow for full THC forms of cannabis for those suffering from a broader variety of medical conditions, such as PTSD, MS, cancer, and HIV. Texas does not allow CBD oil for Parkinson’s patients.
In May of 2017, the Texas Department of Public Safety awarded licenses to produce, process, and dispense CBD oil to three companies. These companies, Cansortium Texas, Compassionate Cultivation, and Surterra Texas, each pay a licensing fee in order to operate facilities to produce and dispense CBD oils under the Compassionate Use Act.
Are THC Oils and Waxes Legal in Texas?
No. As of August 2017, possessing THC oil is not only a crime but also considered a more serious crime than possessing marijuana in its traditional form. In Texas, it is a felony to possess THC oil or wax. The seriousness of the felony varies based on the amount of THC oil possessed. For example, possession of less than one gram of THC oil is a state jail felony that is punishable by six months to two years in a state jail facility and a fine of up to $10,000.
Possessing one to four grams of THC oil is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Possession of four to 400 grams of THC oil or wax is a second-degree felony. In Texas, a second-degree felony is punishable by 2 to 20 years in prison and a fine of up to $10,000.
Finally, possession of more than 400 grams of THC oil or THC wax is classified as a first-degree felony. This is the most serious felony for which someone can be charged for possessing THC oil or wax. This crime is punishable by 5 to 99 years in prison and up to a $10,000 fine.
Changes in Texas Law
House Bill 2107 was brought during the 2017 legislative session with a number of vocal supporters. The bill sought to remove the “low THC” restriction and amend the law to allow for “medicinal marijuana.” It also sought to expand the types of conditions that can be treated with cannabis by including post-traumatic stress disorder and terminal cancer. Finally, the bill sought to modify the language, from requiring a doctor’s prescription to requiring a doctor’s recommendation. This change intended to address concerns about the legality of physicians prescribing something prohibited by federal law. Despite having 77 sponsors and co-sponsors, 29 of whom were Republican, the bill died in committee. Given strong support, as well as national trends, changes in Texas law are likely to occur in the future.
The complicated nature of the laws governing CBD oils makes the possession of CBD oil very defensible, especially if the CDB oil has no detectable amount of THC. If you have been arrested for an offense arising from the possession of CBD oil in North Texas, contact us at (817) 203-2220. You can also contact us online.
Easing the Pain: Relief for Texans in the Form of Low-THC Cannabis
As with many states, Texas and the cannabis plant have a long, complex history – from the first citywide cannabis ban adopted in El Paso in 1915, to the enactment of state laws in 1931 that made possession of any amount of cannabis illegal statewide, to imposing in 1955 sentences of up to life imprisonment for cannabis possession by repeat offenders.
In this two-part article, we provide an overview of the cannabis-related legislation and regulations applicable to Texas cannabis operators and consumers. In Part I, we discuss the State’s regulations for limited medical cannabis use and consumption. In Part II, we will cover Texas’s hemp program.
Recent movements across the nation to decriminalize cannabis have been gaining steam. Perhaps, as a sign of the times, Texas enacted the Compassionate Use Act (the “Act”) in 2015, thereby creating a medical cannabis use program for Texas permanent residents known as the Compassionate Use/Low-THC Cannabis Program (the “Program”). Initially, to the dismay of many, only patients diagnosed with intractable epilepsy were eligible for the Program, and, even then, only after obtaining two qualified physicians’ opinions that cannabis may be an effective treatment for the patient. Although ever-cautious, Texas legislators took heed to those asking for broader application, and, in 2019, expanded the Act to incorporate additional medical conditions, and clarified and simplified certain requirements, which included, among other things, the need to obtain the opinion of only one qualified physician.
Generally, the Act covers patient eligibility, physician qualifications, low-THC cannabis and medical use requirements, and licensing of dispensing organizations. The Act further establishes an online database containing such patient, physician, prescription and dispensing organization information known as the Compassionate-Use Registry of Texas (“CURT”), and charges the Department of Public Safety (the “Department”) with administration and maintenance of the Program. The Act further prohibits counties and local governments from enacting, adopting, or enforcing a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, dispensing, or possession of low-THC cannabis as authorized by the Act.
Patients and Treatment
Although cannabis remains a controlled substance under federal laws, the Act exempts the medical use by eligible Texas patients of “low-THC cannabis” from penalties associated with the unlawful possession, use and delivery of cannabis. To qualify as medical use, the patient must ingest (not smoke) the low-THC cannabis in only the prescribed amount. Current eligible medical conditions include seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and any incurable neurodegenerative disease.
The Doctor Is In
In order to prescribe low-THC cannabis, a physician must be duly licensed and certified by approved specialty boards in a specialty relevant to the treatment of the patient’s particular medical condition, and must dedicate a significant portion of his/her clinical practice to the evaluation and treatment of the patient’s particular medical condition. As part of issuing or renewing a prescription, a physician must register in CURT as the patient’s prescriber. Registered physicians must immediately inform the Department of any change in their qualifications to prescribe low-THC cannabis.
Under many other states’ compassionate use programs, physicians provide a “recommendation” for cannabis, rather than a prescription. The distinction in terminology is important because under federal law, cannabis cannot be lawfully prescribed by a physician or used by a patient. Understandably, physicians are wary of violating federal law even if their actions are allowed under state law. In a move aimed at increasing physician participation, the Texas legislature clarified in the 2019 amendments that the term “prescription”, as relates to medical use of low-THC cannabis under the Act and the Program, means an entry in CURT.
The prescription entry in CURT must include the physician’s name, patient’s name, date of birth and last four digits of the patient’s social security number, prescribed dosage, means of administration ordered, and the total amount of low-THC cannabis required to fill a patient’s prescription. The physician must certify the patient’s qualifying medical condition and, in the physician’s determination, that the risk of the medical use of low-THC cannabis is reasonable in light of the potential benefit to the patient. Finally, the physician must maintain a patient treatment plan that indicates the dosage, means of administration and planned duration of treatment using low-THC cannabis, and plans for monitoring patient symptoms and indicators of tolerance or reaction to low-THC cannabis.
CURT: More than a Prescription
CURT is a secure, online database administered and maintained by the Department, and houses information provided and populated by physicians and licensed dispensing organizations (discussed further below). CURT is designed to prevent more than one qualified physician from registering as the prescriber for a single patient, and to keep a running record of the amount of low-THC cannabis dispensed to the patient and the dispensing organization. In addition to entering patient prescriptions into CURT, registered physicians also input safety and efficacy data derived from the patient’s treatment.
Law enforcement agencies and dispensing organizations have access to CURT for purposes of verifying whether a patient has been prescribed low-THC cannabis and whether the patient’s prescriptions have been filled. Additionally, law enforcement may call the Department to verify a patient, whether such patient’s prescription has been filled, or a dispensing organization employee’s status. It should be noted that “law enforcement” is not defined within the applicable statutes, rules or regulations governing the Program and is therefore subject to broad interpretation.
Dispensing Organizations: Regulated Relief
Only licensed dispensing organizations (“Licensees”) may cultivate, process and dispense low-THC cannabis for a qualifying patient’s prescription. The enacting legislation for the Program required the Department to issue at least three dispensing organization licenses on or before September 1, 2017. As of December 15, 2017, the Department has issued licenses to Fluent (formerly Cansortium Texas), Compassionate Cultivation and Surterra Texas, and is not currently accepting new applications. Each Licensee determines how best to achieve statewide access and availability for patients, which is often a combination of prescription delivery or over-the-counter fillings . As a counterpart to access and availability, the Department sets statewide production limits of low-THC cannabis, and each Licensee may produce up to its proportionate share based upon the current number of Licensees. That said, the Department has declined to regulate cost pricing for low-THC cannabis, which is instead market-based and determined by each Licensee for each product.
In order to lawfully dispense low-THC cannabis, the Licensee must verify (1) the person presenting the prescription is listed as a patient in CURT, (2) the total amount of low-THC cannabis required to fill the prescription is consistent with information set forth in CURT, and (3) the prescription was not previously filled by a dispensing organization as indicated in CURT. Upon filling the prescription, the Licensee must immediately record the form and quantity of low-THC cannabis dispensed and the date and time of dispensation in CURT. Licensees are not permitted to fill any prescription or recommendation for low-THC cannabis written in a different state.
Cannabis cultivation, production, dispensing and possession in Texas remains strictly limited and regulated. Research or development beyond that which is necessary for the cultivation or production of low-THC cannabis continues to be prohibited. As such, testing laboratories are not permitted and are not eligible for separate licensure, and only Licensees may test (presumably for quality control purposes) low-THC cannabis products. Licensees and each of Licensee’s directors, managers, and employees may not permit or fail to prevent the diversion of any controlled substance. Additionally, only low-THC cannabis may be dispensed or sold; by-products must be destroyed. Waste materials containing low-THC cannabis or raw materials (including byproducts) used in or created by the production or cultivation of low-THC cannabis must be rendered “irretrievable” as defined in applicable federal regulations.
Operate at Your Own Risk
The Department tightly regulates virtually all aspects of the Licensee’s operations. Street maps and floor plans of each location of the Licensee’s facilities are kept in the Department’s file. If the Licensee intends to extract active ingredients from raw materials at its premises, the Department requires a myriad of supplemental systems (e.g., hazardous exhaust system, gas detection system, vent failure system alarms, mechanical ventilation, and emergency power backup system), some of which must be certified by a Texas licensed professional engineer.
From an operational standpoint, the Department’s reach includes personnel and controlled substance regulations, some of which overlap. For example, Licensees must implement a drug-free workplace policy and maintain files (including an acknowledgment of such policy) on all personnel, and must retain additional detailed personnel records. Additionally, the Department broadly regulates premises maintenance, and sanitation and hygiene practices to avoid product contamination and promote food-grade processing areas. Licensees are further subject to extensive consumer protections (including limiting pesticides and disease, and setting forth plans to establish a recall). Licensees must also comply with Department-promulgated minimum security standards, and are subject to stringent and broad-ranging record keeping requirements.
The Department sets forth detailed protocols relating to the Licensee’s inventory control system. The Licensee’s perpetual inventory control system must be both robust enough to identify and track its stock of low-THC cannabis from the time raw materials are propagated from seed or cutting, to the time it is delivered to either another Licensee or patient, and agile enough to promptly identify a discrepancy and immediately interact with CURT. The Department also requires monthly physical inventory checks, and audits in the event of a discrepancy.
Failure to comply with the duties of a licensed dispensing organization subjects the Licensee to suspension or revocation of such license. Dispensing organizations may not conduct regulated activities (including possession of any raw material or byproducts) if the respective license or registration is not in good standing. Following suspension or revocation of the license, the Department may seize or place under seal all low-THC cannabis and drug paraphernalia owned or possessed by the dispensing organization. When a revocation order becomes final, all low-THC cannabis and drug paraphernalia may be forfeited to the State.
On the Horizon
While recreational use of cannabis in Texas continues to be illegal, recent years have brought some relief to Texans diagnosed with certain debilitating medical conditions in the form of low-THC cannabis, but only with strict adherence to stringent regulations. Proponents wishing to further expand the Program would like to add other medical conditions such as post-traumatic stress disorder, which was recommended but ultimately omitted in the 2019 amendments, and an elevation in permitted THC levels, as the current 0.5% THC level is just barely above the 0.3% THC allowed by the federal government (and as of 2019, Texas government) relating to hemp production. Whether proponents succeed in their efforts remains to be seen, as the complicated relationship between Texas and cannabis continues to evolve.
 Tex. Health and Safety Code, Chapter 487, with applicable amendments to §§ 481.062(a)(6), 481.111(e) and (f); addition of Texas Occupations Code Chapter 169 and §551.004(a)(5).
 THC stands for tetrahydrocannabinol, a crystalline compound that is the main active ingredient of cannabis.
 Act, S.B. 339, 84th Leg. (2015).
 Act, H.B. 3703, 86th Leg. (2019).
 Under the Act, “low-THC cannabis” means any part of the cannabis plant not containing more than 0.5% THC by weight and not less than 10% by weight of cannabidiol. (Tex. Occupations Code, § 169.001(3); 37 Tex. Admin. Code § 12.7(q).)
 Tex. Health and Safety Code, § 487.201.
 Tex. Occupations Code § 169.001(4).
 Tex. Occupations Code §§ 169.001, 169.003; “incurable neurodegenerative disease” is more specifically set forth in 25 Tex. Admin. Code § 1.61.
 Tex. Occupations Code § 169.002.
 Tex. Occupations Code § 169.004.
 37 Tex. Admin. Code § 12.43(b).
 Act, H.B. 3703, 86th Leg., § 2 (2019).
 Tex. Occupations Code § 169.004.
 Tex. Occupations Code § 169.003.
 Texas Occupations Code § 169.005.
 Texas Health & Safety Code § 487.054.
 Tex. Health & Safety Code § 487.001(3).
 Act, S.B. 339, 84th Leg. (2015).
 More generally, the Department seems reluctant to license additional dispensing organizations, noting that the number of licenses approved was determined by analyzing other states’ medical use programs, the number of patients in Texas with qualifying medical conditions, and statutory requirements (e.g., at least 3 licenses but no more than necessary to ensure reasonable statewide access and availability by patients filling their prescriptions).
 37 Tex. Admin. Code § 12.61.
 Texas Health & Safety Code § 487.107; 37 Tex. Admin. Code § 12.42(b).