Texas Codes

Tex. Occ. Code § 169.001 (2026)

Definitions

✓ current as of May 2026

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Sec. 169.001. DEFINITIONS. In this chapter:

(1) "Chronic pain" means pain that is not relieved with acute, post-surgical, post-procedure, or persistent non-chronic pain treatment and is associated with a chronic pathological process that causes continuous or intermittent severe pain for more than 90 days and for which tetrahydrocannabinol is a viable method of treatment.

(1-a) "Department" means the Department of Public Safety.

(1-b) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(2) "Incurable neurodegenerative disease" means a disease designated as an incurable neurodegenerative disease by rule of the executive commissioner, adopted in consultation with the National Institutes of Health.

(3) "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than 10 milligrams of tetrahydrocannabinols in each dosage unit.

(4) "Medical use" means the ingestion, absorption, or insertion by a means of administration other than by smoking of a prescribed amount of low-THC cannabis by a person for whom low-THC cannabis is prescribed under this chapter.

(5) "Smoking" means burning or igniting a substance and inhaling the smoke. The term does not include inhaling a medication or other substance that is otherwise aerosolized or vaporized for administration by pulmonary inhalation.

Added by Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 4, eff. June 1, 2015.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 1, eff. June 14, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1300 (H.B. 3703), Sec. 3, eff. June 14, 2019.

Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 2, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 660 (H.B. 1535), Sec. 5, eff. September 1, 2021.

Acts 2025, 89th Leg., R.S., Ch. 710 (H.B. 46), Sec. 14, eff. September 1, 2025.

Notes of Decisions

Cited in 6 cases (5 in the last 5 years), 2018–2026 · leading case: Untitled Texas Attorney Gen. Opinion: KP-0469 (Tex. Att'y Gen. 2024).

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Untitled Texas Attorney Gen. Opinion: KP-0469 (Tex. Att'y Gen. 2024). · cites it 2× “§ 4 at 1423–25; see TEX. OCC. CODE §§ 169.001–.005; see also id.”

in the Interest of N.J.H., Child. v. Dep't of Fam. & Prot. Servs. (Tex. App. 2018). “201 (Texas Compassionate Use Act authorizing the cultivation, processing, and dispensing of low-THC cannabis to prescribed patients with intractable epilepsy); see also TEX. OCC. CODE § 169.001(3) (defining “Low-THC cannabis” as containing “(A) not more than 0.”

In the Interest C.S. Jr. & Z.S., Child. v. the State of Texas (Tex. App. 2024). “001(c)(4) (emphasis added); TEX. OCC. CODE ANN. §§ 169.001–.005 (West 2022) (Authority to Prescribe Low-THC Cannabis to Certain Patients for Compassionate Use).”

In the Interest of Y.R. & N.G., Child. v. the State of Texas (Tex. App. 2025). “2024); TEX. OCC. CODE ANN. §§ 169.001–.005 (West 2022) (Authority to Prescribe Low-THC Cannabis to Certain Patients for Compassionate Use).”

Grant Hanson v. Tara Louise Nugent (2026). “256; Tex. Occ. Code §§ 169.001–.006. Further, some evidence before the trial court showed that Hanson uses illegal drugs besides marijuana.”

— Tex. Occ. Code § 169.001(3) — 3 cases

Untitled Texas Attorney Gen. Opinion: KP-0469 (Tex. Att'y Gen. 2024). “§ 4 at 1423–25; see TEX. OCC. CODE §§ 169.001–.005; see also id.”

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