{"id":376642,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-marijuana-laws.html"},"modified":"2025-05-16T14:54:41","modified_gmt":"2025-05-16T19:54:41","slug":"texas-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-marijuana-laws.html","title":{"rendered":"Texas Marijuana Laws"},"content":{"rendered":"\n
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Texas Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marijuana use remains illegal in Texas<\/a> under most circumstances. State lawmakers strongly oppose any recreational use. Medical use of marijuana (also known as cannabis) is very limited.<\/p>\r\n

Texas’ stand against the legalization of cannabis is in contrast to the majority of other states and the sentiments of most Americans<\/a>. In Texas, possession of even a tiny amount of marijuana can lead to a jail sentence and fines. The medical marijuana<\/a> program allows only low-THC (tetrahydrocannabinol) oils and CBD (cannabidiol) products. State officials file lawsuits against cities with ordinances to decriminalize minor possession charges.<\/p>\r\n

With such an unfriendly climate, Texans who choose to have and use cannabis need to be aware of the marijuana laws<\/a>. In this article, we’ll examine the statutes and penalties for cannabis offenses and explain the limitations of the medical use of cannabis.<\/p>\r\n

Texas Marijuana Laws and How They Work<\/h2>\r\n

When people refer to marijuana<\/a>, they generally mean cannabis that has a high level of THC, the substance that affects your mental state. Texas classifies marijuana as a Schedule I drug<\/a>, which is the same classification the drug has under federal law in the Controlled Substances Act (CSA)<\/a>. A change in scheduling once seemed imminent at the federal level<\/a>. As of March 2025, that doesn’t seem likely.<\/p>\r\n

It’s important to understand that almost every form of marijuana is illegal in Texas. No recreational marijuana is legal. Cannabis possession is not legal for medical patients unless it takes the form of a low-THC-infused product. There’s no minimum amount of marijuana<\/a> you can possess without a risk of arrest. Possession of 2 ounces or less of cannabis can get you up to 180 days in jail and a fine of up to $2,000. You’ll face the same penalties for giving away as little as 0.25 ounces of marijuana.<\/p>\r\n

Any sale of marijuana over 0.25 ounces is a felony with a minimum of 180 days in a state prison. Penalties get increased for repeat offenders, sales near schools, and the involvement of a minor.<\/p>\r\n

There is no such thing as legal private cultivation of cannabis plants in Texas. The zero-tolerance policy of the state means that growing a single cannabis plant can leave you facing jail time and a fine.<\/p>\r\n

Under Texas law, possession of marijuana paraphernalia<\/a> is a class C misdemeanor, bringing a fine of up to $500. It’s a class A misdemeanor for selling or delivering marijuana paraphernalia or possessing with intent to sell, with up to a year in county jail and a fine of up to $4,000 for a first-time offense. Anything from the baggie that holds the marijuana to a packet of cannabis seeds can be cannabis paraphernalia.<\/p>\r\n

Texas Medical Marijuana Laws<\/h2>\r\n

In Texas, the medical marijuana program<\/a> involves only low-THC products for medical patients. It does not allow patients to grow marijuana plants at home or to smoke marijuana. Patients must swallow all prescribed products.<\/p>\r\n

The Texas Department of Public Safety manages the Compassionate Use Program (CUP)<\/a>. The Texas Compassionate Use Act<\/a> (Senate Bill 339) in 2015 authorized the establishment of CUP.<\/p>\r\n

A qualified Texas physician must certify patients. The doctor will enter them into the Compassionate Use Registry of Texas (CURT)<\/a>. To be eligible, patients must suffer from one or more of the following medical conditions:<\/p>\r\n