Is Weed Legal in Texas?

Texas cannabis laws have been on the move, and 2025 marked a turning point. The state’s medical program now reaches more patients and conditions than ever, giving many Texans new options for relief. Recreational use remains illegal, but the state’s medical program continues to expand.

Whether you’re curious about what’s allowed, how much cannabis you can have, or where medical marijuana fits into the law, this guide breaks it all down. Here’s what to know about cannabis legality, access, and use across the Lone Star State.

Is Medical Cannabis Legal in Texas?

Yes. Texas allows medical cannabis through the Texas Compassionate Use Program, which first passed in 2015. The law has expanded several times since then. Most recently, it expanded to cover more conditions and allow more dispensaries to open across the state. Patients who qualify can access certain cannabis products with a prescription from a doctor registered in the program.

Is Recreational Cannabis Legal in Texas?

No. Recreational cannabis is still illegal in Texas. Anyone caught possessing or using cannabis without a medical prescription can face criminal charges.

Some cities, like Houston and Austin, have tried to ease penalties for small amounts. But cannabis use outside the state’s medical program is against the law.

How Did Cannabis Become Legalized in Texas?

Texas made medical cannabis legal in 2015 with the Texas Compassionate Use Act. At first, it only covered patients with severe seizure disorders and allowed products with very small amounts of THC.

Since then, lawmakers have slowly expanded the program. Each new bill added more qualifying conditions and made it easier for patients to get treatment.

The biggest update came in 2025 with House Bill 46, which added chronic pain and other conditions to the list. It also allowed more dispensaries to open and expanded how medical cannabis can be used. 

Recreational use of cannabis is still illegal in Texas.

What is Required to Get a Medical Marijuana Evaluation in Texas?

With NuggMD, you only need a valid ID to get your medical marijuana evaluation. If you've got medical records that can help your doctor better evaluate your condition, you should also upload these during the signup process.

While you don’t need a Texas state ID to be prescribed medical marijuana, you will need to show proof of residency.

What Legal Protections Does a Medical Card Offer in Texas?

People who qualify under the Texas Compassionate Use Program are protected when they use low-THC cannabis as prescribed by their doctor. These protections only apply to registered patients, not adult-use consumers.

Here’s what those protections include:

• Legal protections. Registered patients and their caregivers can legally possess and use low-THC cannabis that’s prescribed through the state program.
• Employment rights. Some jobs still require drug testing, but private employers are encouraged to consider valid prescriptions before taking action against a patient.
• Parental rights. Parents can’t lose custody or visitation in Texas solely for being in the medical cannabis program.
• Privacy. Patient information in the state registry is private and protected under Texas law and HIPAA.

These rules help patients get the treatment they need without risking legal trouble or losing their rights.

Is It Possible for Cities or Towns to Ban Cannabis Facilities in Texas?

No. According to the Health and Safety Code, Chapter 487, local municipalities may not ban state-licensed cannabis facilities or limit possession of cannabis by registered patients.

Do Medical Cannabis Patients Pay Lower Taxes in Texas?

Medical cannabis in Texas is treated as a prescription medication, so it’s not subject to state or local sales taxes. Because recreational cannabis remains illegal, there’s no separate adult-use tax to compare it to.

Dispensaries operating under the TCUP do pay standard business taxes, but those costs are not passed on as retail cannabis taxes. The state does not collect any special cannabis excise or cultivation tax.

How does Texas use revenue from licensing and registration fees?

• Regulate and monitor licensed dispensaries.
• Maintain the Compassionate Use Registry of Texas (CURT).
• Support the enforcement of state health and safety standards.

Is Cannabis Delivery Available in Texas?

Cannabis delivery is allowed in Texas, but only for qualifying medical patients. Licensed Compassionate Use dispensaries can deliver low-THC products directly to a patient’s home or caregiver, following strict verification and tracking rules. Recreational delivery isn’t legal, since adult-use cannabis isn’t permitted in the state.

Can I Transport Cannabis in My Car?

Registered medical patients can carry their prescribed low-THC products in their car as long as the products stay sealed and in their original packaging.

It’s best to keep cannabis in the trunk or glove box so it’s out of reach while driving. Using cannabis in a car, whether as the driver or a passenger, is against the law and can result in serious penalties.

Where Can I Legally Consume Cannabis in Texas?

Medical cannabis use in Texas is limited to private spaces. Since smoking cannabis is still illegal, patients can only use low-THC products in forms like oils, tinctures, capsules, or sprays, and only as prescribed by their doctor.

In Texas, cannabis can be legally consumed by a patient in:

🗹 Private homes or other private properties with the owner’s permission.

🗹 Medical facilities or care settings where the patient’s treatment plan includes low-THC cannabis.

🗹 A registered patient’s vehicle or residence when the product is stored and used responsibly, not in public view.

Cannabis cannot be consumed in:

X Public spaces such as parks, sidewalks, or restaurants.

X Businesses or workplaces without specific approval.

X Any motorized vehicle while it’s in motion, for both drivers and passengers.

X Schools, correctional facilities, or federal properties.

Landlords and property owners can set their own rules about cannabis use inside rental units. Since smoking cannabis is not permitted under Texas law, renters are generally limited to non-smokable products even if they're registered patients.

How Much Cannabis Can I Possess in Texas?

Texas doesn’t allow general possession of cannabis, and only registered medical patients can legally have low-THC products prescribed through the Compassionate Use Program. The state defines low-THC as any product with 10 milligrams of THC or less per dosage unit.

Medical patients may possess:

• Only the amount prescribed by their doctor, typically a 90-day supply or less.
• Low-THC cannabis products such as oils, tinctures, capsules, sprays, or lozenges.
• Packages containing no more than 1 gram of total THC each.

Adults without a medical prescription may not legally possess any cannabis in Texas. Possession of even small amounts of cannabis without a valid prescription is still considered a criminal offense under state law.

Can I Grow Cannabis at Home in Texas?

No. Texas law does not allow home cultivation of cannabis for any purpose. Patients and caregivers cannot grow their own plants, even if they are registered in the state’s medical program.

All medical cannabis in Texas must come from licensed Compassionate Use dispensaries approved by the Department of Public Safety. These dispensaries are responsible for producing, testing, and tracking every product sold to ensure it meets the state’s safety standards and THC limits.

Is Cannabis Gifting Allowed in Texas?

Cannabis can’t be legally gifted or shared in Texas. Because adult-use cannabis is still illegal, giving cannabis to someone else, even for free, counts as possession or delivery under state law.

Patients in the Compassionate Use Program can only get their medicine from licensed dispensaries. They also can’t give or sell their prescribed products to anyone else, even if that person is another patient.

What Types of Cannabis Products Are Available in Texas?

Only low-THC cannabis products are legal in Texas, and they’re available exclusively to patients in the Compassionate Use Program. All products must meet the state’s definition of low-THC—no more than 10 milligrams of THC per serving.

Approved types of cannabis products in Texas include:

• Oils and tinctures. Liquid forms taken by mouth for controlled dosing.
• Capsules and tablets. Pre-measured doses for consistent use.
• Sprays and lozenges. Oral options for patients who need fast relief.
• Vaporized products. Allowed only for medical use when prescribed by a doctor; smoking cannabis flower remains illegal.

Where Can I Purchase Cannabis in Texas?

Medical cannabis can only be purchased from licensed Compassionate Use dispensaries approved by the Texas Department of Public Safety. These dispensaries handle every step of the process, from growing and testing to packaging and delivery, to make sure products meet strict safety and THC standards.

There are no recreational dispensaries in Texas. Only registered medical patients or their caregivers can legally buy low-THC cannabis, either in person or through approved home delivery.

Are CBD Products Legal in Texas?

Yes, Texans without a medical marijuana recommendation for low-THC products are permitted to purchase and possess CBD products having 0.3% THC or less. This includes smokable products manufactured outside the state of Texas.

Have more questions about Texas weed laws? Speak with a Texas medical marijuana doctor to learn more and find out if you qualify.