KPRC 2 Investigates exposes loopholes in Texas marijuana laws

HOUSTON – Texas has a complicated relationship with marijuana.

In Texas, you can get a prescription for medical THC products, but the recreational use of marijuana is still against the law.

KPRC 2 Investigates Joel Eisenbaum wanted to know what the process was like to obtain a medical prescription for marijuana products.

Weed in Texas

States in green is where recreational marijuana is distributed. (Copyright 2024 by KPRC Click2Houston - All rights reserved.)

Recreational cannabis use is legal in 24 states, but Texas isn’t one of them.

Instead, a growing number of Texas “smoke shops” legally offer unregulated products that produce similar effects, like Delta-8 and Delta-9.

These widely available products are available for sale to any adult without restriction.

To procure weed in Texas, a medical marijuana prescription is required.

How to get a medical marijuana prescription

To get medical marijuana, you need a prescription and a qualifying medical condition.

Qualifying conditions include Amyotrophic Lateral Sclerosis (ALS), Autism, Cancer, Epilepsy, Multiple Sclerosis (MS), Post-traumatic stress disorder (PTSD), Seizure disorder, Spasticity, and those approved for specific research programs.

The Department of Public Safety manages the Compassionate Use Program, including keeping a log of registered doctors and patients.

Eisenbaum doesn’t suffer from any of the qualifying conditions but was provided a valid medical marijuana prescription.

How the process began

KPRC 2 Investigates Joel Eisenbaum talks to Dr. An Chen for a Texas medical marijuana prescription. (Copyright 2024 by KPRC Click2Houston - All rights reserved.)

KRPC 2 Investigative reporter Joel Eisenbaum started with a quick search online where a handful of state-licensed medical marijuana dispensaries in Houston appeared. He chose ‘Texas Original,’ a top result.

“There’s only three license holders in the state, Texas, that are legally allowed to dispense. We’re considered a permanent pickup right now. The state actually doesn’t allow us to have any of our own. Everything comes from Austin,” a Texas Original storefront worker told KPRC2 Investigates.

The company’s website offers a partnering service called “Clean Ganja” to get the medical prescription.

At the time, it was a $119 special for ‘Texas Original’ patients who would arrange a meeting with a Texas Medical Board-licensed medical marijuana doctor.

We found the doctor Joel spoke to, Dr. An Chen who is based in New York and boasts he’s licensed in all 50 states on his online bio page.

“What do you need the medical cannabis for?” the doctor asks.

“On occasion, I have trouble sleeping. And some people say that cannabis could be the answer,” Joel replied.

Dr. Chen asked if Joel took medication for sleeping, if he had any allergies, and if Joel was a felon. Then, in less than two minutes, he got his prescription.

“All right, just a reminder. Keep the cannabis out of reach of children. No drugs after about eight hours after use. We’ll take a look at your file list. You should receive a confirmation e-mail in the next 24 hours,” the doctor told him.

During the entire exam, which was less than two minutes long, the Doctor asked no questions about specific qualifying ailments. Sleeplessness is not a qualifying condition, per the State of Texas.

The Results

KPRC 2 Investigates Joel Eisenbaum receives his Texas medical marijuana prescription. (Copyright 2024 by KPRC Click2Houston - All rights reserved.)

The next day Joel got his prescription and was officially licensed to have medical marijuana. Minutes after receiving the prescription, he went online to begin his order. He selected the pickup option and went back to ‘Texas Original.’

After getting his prescription filled, Joel asked employees in the store how they knew if someone was legally fit to have medical marijuana.

They directed us to the corporate office, for “Texas Original” in Austin.

The Responses

Texas medical marijuana (Copyright 2024 by KPRC Click2Houston - All rights reserved.)

Texas Department of Public Safety (regulating agency):

Joel,

We would decline your request for an interview but did want to provide the below information for your reporting.

The Texas Department of Public Safety (DPS) administers the Compassionate Use Program (CUP) in Texas, under the authority of the Texas Health and Safety Code, Chapter 487 and oversees registration requirements for participating physicians outlined in Occupations Code Sec. §169.002 through the Compassionate Use Registry of Texas (CURT). DPS may remove a physician from CURT, a secure online registry of qualified CUP physicians that prevents more than one qualified physician from registering as the prescriber for a single patient, if a physician fails to maintain registration requirements. Allegations of physician’s failure to meet those registration requirements should be reported to the department’s Regulatory Services Division.

While DPS manages CURT, the conduct of CUP physicians – including their standard of care – is regulated by the Texas Medical Board (TMB). DPS does not oversee the licensing of CUP physicians and has no authority to inspect their offices or oversee their practice of medicine. We would refer you to TMB for those questions.

Finally, CUP dispensing organizations are licensed by DPS and undergo regular physical inspections to ensure their compliance with state statute and administrative rules.

Best,

Sheridan

Sheridan Nolen

Press Secretary

Texas Department of Public Safety

Texas medical marijuana (Copyright 2024 by KPRC Click2Houston - All rights reserved.)

Texas Original (Medical Marijuana Dispensary):

Hi Joel,

Please find a statement below which can be attributed to Chelsie Spencer, Counsel for Texas Original:

“Our primary responsibility at Texas Original is to ensure eligible patients have safe and reasonable access to medical cannabis products through Texas’ Compassionate Use Program (CUP). To prescribe medical cannabis in Texas, physicians must apply with the Texas Department of Public Safety (DPS) for access to its Compassionate Use Registry of Texas (CURT).

Texas Original has no authority to approve, register, review or terminate a physician from CURT. Physicians registered within CURT are solely responsible for evaluating patients and prescribing cannabis medicine, and DPS maintains oversight of CURT. We do not decide if a patient gets a prescription—our role is to supply the safest and highest quality medical cannabis as regulated by DPS.

We have no formal partnership with Clean Ganja and do not endorse any one physician over another. Texas Original offers a referral to CURT physicians as a courtesy to the public, which may choose any of the hundreds of physicians registered in CURT for their medical care. Based on the information received, we have removed Clean Ganja from our courtesy referral offering.”

Joel: For more information on DPS’ role in oversight of the physicians it approves for CURT registration, please see the following:

• Tex. Occ. Code § Sec. 169.002 (attached, outlining physician requirements for access to CURT); and

• https://www.dps.texas.gov/section/compassionate-use-program/faq/physicians

Appreciate you speaking with me about this story earlier—please reach out with any additional questions, and let me know when you have an idea of when this story will air.

Best,

Zach