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Texas Marijuana Laws
Created by FindLaw's team of legal writers and editors | Last reviewed July 15, 2020
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Last updated 11/1/2019
Attitudes about marijuana have been rapidly changing, but Texas goes its own way. Neighboring states have passed laws permitting medical use of marijuana, de-criminalizing petty offenses, and even legalizing the recreational use of the plant. Texas, by contrast, continues to punish marijuana offenses severely, although it did pass a very restrictive medical cannabis law allowing limited use of low-THC (the psychoactive component), high-CBD cannabis oil.
In Texas, possession of even a tiny amount of marijuana can land you in jail; in fact, anything less than 2 ounces carries a maximum penalty of 180 days in jail and a fine of up to $2,000. But penalties are even more serious for possessing concentrates such as hash oil, which is charged as a felony and can result in up to two years in state prison.
Learn more about Texas marijuana laws in the table below. See Details on State Marijuana Laws for more general information.
| Statute | Texas Health and Safety sec.481.032, et seq. |
| Elements of Texas Marijuana Laws | Possession
Sale
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| Diversion Programs | Some court districts in Texas have drug diversion programs that allow certain first-time offenders to complete a rehabilitation program instead of serving a prison sentence. |
| Penalties and Sentences | The sale of just 7 grams (roughly one-quarter ounce) of cannabis also carries a maximum penalty of 180 days in jail and a possible $2,000 fine. But selling more than 50 pounds of the herb (a felony) can land you in prison for 99 years, with a mandatory minimum sentence of five years. Selling any amount of marijuana to a minor is a felony, with a maximum sentence of 20 years. |
| Medical Marijuana | Texas Compassionate Use Act: Main Provisions
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources:
- Texas Law
- Official State Codes
- Texas Drug Possession Laws
- Texas Drug Distribution/Trafficking Laws
- Texas Drug Cultivation and Manufacturing Laws
Legal Help With Your Texas Marijuana Case
Although there's a national trend toward de-criminalization and even legalization of marijuana in many states, Texas continues to punish the possession and use of the drug. If you've been charged under the marijuana laws of Texas, a conviction could affect your ability to find work, damage your reputation, and more. Protect your rights and your future by contacting a local Texas drug crimes attorney today.
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