Texas has legalized cannabis for medicinal purposes, but it remains illegal for recreational use. Dispensaries aren't required to have a specific insurance policy to operate, but they would likely benefit from several policies to protect common liabilities.
Business owners who plan to open a dispensary in Texas should familiarize themselves with the many legal requirements around distributing cannabis.
Marijuana is still illegal in the state of Texas for recreational use, according to the Texas State Law Library. There are limited health allowances for low-THC cannabis for medical diagnoses, including epilepsy, cancer, PTSD, autism, and a select few other qualifying conditions.
Medical dispensaries within the state of Texas are referred to as Compassion Use Programs (CUPs). Texas does not currently have any insurance requirements for medical marijuana dispensary businesses.
Texas is one of the more lenient states regarding business insurance requirements. Not only do cannabis dispensaries not need any particular type of insurance or bond to operate, but unlike many other states, Texas businesses with employees aren't required to have workers' compensation insurance.
According to the Texas Administrative Code, commercial auto insurance is required if you own or operate business vehicles. It covers accidents, theft, and damage to commercial auto property.
Commercial auto insurance is the only strict requirement for Texas businesses is for those with company vehicles. However, just because insurance isn't required to operate a cannabis dispensary, it's still strongly recommended to prevent heavy financial hits from injuries, accidents, and lawsuits.
Here are the most recommended policies for Texas cannabis dispensary owners:
If you're considering opening a Compassion Use Program cannabis dispensary in Texas, it's important to familiarize yourself with the rules and regulations set forth by the Texas Department of Public Safety. The state also has limited application windows for CUP licenses, with the last application window having closed in April 2023.
Requirements to apply for a Compassion Use Program in the state of Texas include:
Compassion Use Programs are only allowed to provide cannabis products to people with an approved medical diagnosis as determined by a licensed physician.
Unlike many states that allow cities and municipalities to create their own rules around THC and cannabis dispensaries, the Texas law prohibits jurisdictions from banning the use of low-THC products for medicinal purposes.
If you're interested in getting small business insurance for your Texas dispensary, complete Insureon's easy online application. We'll connect you with the best policies for your needs from America's top carriers.
If you have questions about your cannabis business needs, you can call our dedicated agent at (872) 260-5150 and they'll be happy to help you find and begin coverage, often within 24 hours.