Texas Marijuana Laws

Marijuana use remains illegal in Texas under most circumstances. State lawmakers strongly oppose any recreational use. Medical use of marijuana (also known as cannabis) is very limited.

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

With such an unfriendly climate, Texans who choose to have and use cannabis need to be aware of the marijuana laws. In this article, we'll examine the statutes and penalties for cannabis offenses and explain the limitations of the medical use of cannabis.

Texas Marijuana Laws and How They Work

When people refer to marijuana, 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, which is the same classification the drug has under federal law in the Controlled Substances Act (CSA). A change in scheduling once seemed imminent at the federal level. As of March 2025, that doesn't seem likely.

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 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.

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.

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.

Under Texas law, possession of marijuana paraphernalia 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.

Texas Medical Marijuana Laws

In Texas, the medical marijuana program 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.

The Texas Department of Public Safety manages the Compassionate Use Program (CUP). The Texas Compassionate Use Act (Senate Bill 339) in 2015 authorized the establishment of CUP.

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

• Amyotrophic lateral sclerosis (ALS)
• Autism
• Cancer
• Epilepsy
• An incurable neurodegenerative disease
• Multiple sclerosis (MS)
• Post-traumatic stress disorder (PTSD)
• Seizure disorders
• Spasticity

A medical condition approved for a research program can also qualify. If you're unsure if you qualify, speak to your doctor or contact CUP.

There is no fee to use CUP. In 2021, state lawmakers expanded the THC percentage allowed in medical marijuana products. Qualified patients may buy medical cannabis products with no higher than 1% THC by weight per product from a licensed dispensary.

Under the Consumable Hemp Program in Texas, other cannabis oil and hemp-based products are available to the general public as long as they have no more than 0.3% THC. Hemp products are generally excluded from the schedule of controlled substances. In 2022, the Texas Supreme Court ruled that Texas companies cannot process or manufacture consumable hemp products for smoking. But, they can sell such products from other states.

A controversy started over the growth of delta-8 THC products in the legal hemp marketplace. Delta-8 THC is a cannabinoid found in hemp that can produce a milder "high" than the delta-9 THC found in marijuana. Often, it is made in labs with CBD products. Texas regulators passed a rule labeling delta-8 THC cannabis as a Schedule I drug. Marijuana businesses objected, leading to a court injunction. While the court case plays out, Texas lawmakers will likely seek to improve regulation of the hemp industry in the future.

Marijuana Decriminalization and Legalization Efforts in Texas

Attempts to legalize and decriminalize marijuana in Texas have run into fierce opposition from key officials in the Texas house, senate, and with Gov. Greg Abbott. In April 2023, the state house passed House Bill 218. It would make a first-time possession of one ounce or less of marijuana a class C misdemeanor, which does not have an option for jail time. Texas NORML, a marijuana advocacy organization, praised the effort. But, the bill failed in the state senate.

Several cities, towns, and counties in Texas have passed ordinances decriminalizing the possession of small amounts of marijuana. Attorney General Ken Paxton has responded with lawsuits claiming such ordinances violate state law despite voter support in the cities and counties at issue. Some of the municipalities involved include:

• Austin (2022): Austin residents used a ballot initiative to stop police from issuing misdemeanors for certain possession offenses of under 2 ounces.
• Bexar County (2017): A city council resolution enacted a summons and release system for possession of up to 4 ounces.
• Dallas (2024): Voters will consider a proposed charter change that would direct law enforcement not to arrest people for possession of less than 4 ounces of marijuana.
• El Paso (2020): A city council resolution installed a summons and release system for possession of up to 4 ounces.
• Houston/Harris County (2017): Harris County operates a diversion program for marijuana possession cases that involve 4 ounces or less. A city council resolution began a summons and release system for possession of up to 4 ounces.
• Travis County (2017): The Commissioner's Court made the penalty for possession of up to 2 ounces a $45 fine and a four-hour educational marijuana class. As of 2023, local law enforcement policy does not pursue low-level marijuana possession of under 4 ounces.

Be sure to check the ordinances near you before taking any risks. Understand that decriminalization does not mean legalization.

Texas Marijuana Law Penalties

Texas' definition of intoxication covers more than alcohol-related behavior. So, operating a motor vehicle while under the influence of marijuana or any controlled substance can carry the same penalties as an alcohol-related DUI.

The table below offers a recap of what you've learned above. It also includes a detailed explanation of the potential penalties you may face for a run-in with law enforcement for marijuana offenses.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Texas drug law attorney or conduct independent legal research to verify any Texas state law(s) you are reviewing.

Related Resources

• Texas Law
• Cannabis and the Law in Texas
• Official State Codes
• Marijuana Legalization and Decriminalization Overview
• Cannabis Law Section
• Medical Marijuana Overview

Get Legal Help With Your Texas Marijuana Case

Texas continues to punish the possession and use of marijuana despite a national trend in the other direction. A cannabis conviction can become part of a criminal record, disrupt your life, and affect your ability to find work.

If you or someone you know is facing criminal charges under the marijuana laws of Texas, contact a local Texas drug crimes attorney. A skilled defense attorney can offer legal advice and help you find your best options for marijuana charges.