Texas Cannabis Laws and Regulations
Located in the South Central region of the U.S., Texas is the second-largest state, both by area and population. Its largest city, Houston, boasts a bustling Theatre District and is home to the Houston Grand Opera, the Houston Symphony Orchestra, the Houston Ballet, and the Alley Theatre. A short drive out of Houston, you can explore the Johnson Space Center and Mission Control, where you can walk inside the space shuttle and space station replicas.
Dallas, Texas’s second-largest city, is also home to a well-known arts district with 19 museums to explore, the Margot and Bill Winspear Opera House, Nasher Sculpture Center, and more. The Dallas Arboretum has over 66 acres of luscious green gardens. Austin, Texas has been dubbed “The Live Music Capital of the World,” with more live music venues per capita than Nashville, Los Angeles, and New York City.
Texas has a limited medical marijuana program allowing for the sale and possession of high-CBD products containing 1% or less of THC for patients with a valid recommendation. The state maintains very restrictive laws regarding the use and possession of cannabis, and individuals without a valid Texas medical marijuana prescription can be charged with a misdemeanor or felony and fined up to $2,000 for possession of up to 2 ounces, $4,000 for up to 4 ounces, or even up to $20,000 for higher amounts. Patients can also be criminally penalized if they have an unapproved form of cannabis in their possession.
Is Weed Legal in Texas?
Yes and no, individuals in Texas are permitted to obtain a recommendation for low-THC (less than 1% THC by weight) products only as part of the state's limited medical marijuana program.
Weed Legalization in Texas
El Paso, Texas, was the first city in the United States to individually restrict cannabis use in 1915 after a man who was said to be using cannabis killed a police officer and chased an El Paso couple. In 1919 Texas made the transfer of cannabis for non-medical purposes a misdemeanor, but individuals in Texas could still legally possess cannabis. In 1923, the state prohibited individuals from obtaining cannabis without a prescription. And in 1931, the sale, use, and possession of cannabis were banned as a whole in Texas.
It wasn’t until 1973 that the Texas governor signed HB 447 into law, which was intended to reduce penalties for cannabis crimes. Texas made possession of up to two ounces of cannabis a class B misdemeanor punishable by up to 180 days in prison and a $1000 fine. House Bill 2391 was passed in 2007, making possession of up to four ounces a “cite and release” misdemeanor instead of arresting individuals. A 2015 bill supporting cannabis for recreational purposes was introduced into the Texas House, but it did not make it past the Committee.
Texas first legalized low-THC medical cannabis in 2015 with Senate Bill 339, the Texas Compassionate Use Act. Initially, the bill only allowed for products with 0.5% or less of THC for epilepsy; in 2019 and 2021, Texas expanded the law to include:
- Cancer
- Autism
- Multiple sclerosis
- Amyotrophic lateral sclerosis (ALS)
- Seizure disorders
- An incurable neurodegenerative disease
- A medical condition designated by the Health and Human Services Commission as authorizing treatment with low-THC cannabis as part of an approved research program.
Two years later, in 2021, HB 1535 was passed, increasing the THC limit to 1% for medical cannabis products and expanding access to individuals with cancer or PTSD.
For non-medical use, Texas legalized CBD products with less than 0.3% THC for individuals without a prescription in 2019. The state temporarily banned smokable hemp in 2020. In 2022, the state Supreme Court ruled in favor of prohibiting the manufacturing and processing of hemp products for smoking within the state of Texas. However, the state does permit the sale of hemp products produced and manufactured outside of the state.
As of 2024, the consumption of cannabis containing less than 1% THC is legal for medicinal use in Texas, while CBD products with less than 0.3% THC are legal for all adult use. Currently, there are no bills related to the legalization of adult-use cannabis in Texas or expanding the medical cannabis program to include high-THC products.
Where to Buy Legal Weed in Texas
Individuals with an eligible condition can obtain a physician's recommendation for the use of medical cannabis with 1% or less of THC. There is no age limit for prescriptions, though patients under 18 may need a legal guardian to serve as a caregiver. Qualifying medical cannabis patients in Texas are allowed to use, purchase, and possess products containing 1% or less of THC by weight.
Currently, medical cannabis purchases for high-CBD, low-THC products are not taxed in Texas.
Is Cannabis Delivery Available in Texas?
YES, marijuana delivery is available for medicinal purposes in the state of Texas to ensure statewide access for patients. Deliveries are conducted by the dispensing organizations.
Where Can You Legally Use Weed in Texas?
Cannabis can be legally used in the following areas in Texas:
🗹 Private properties such as residences
In most states, cannabis CANNOT be consumed in public spaces or in motorized vehicles while in motion, whether you are a driver or passenger. However, since smoking isn’t allowed in Texas, the state doesn’t directly address the issue of public consumption.
What are the Restrictions on Cannabis Possession in Texas?
Cannabis use and possession (above the 1% THC threshold for medical marijuana cardholders only) is illegal across the majority of Texas. However, several cities have made possession of cannabis non-punishable, while others – including Plano, Austin, El Paso, Denton, and Dallas – have decriminalized possession of small amounts to only a citation.
Elsewhere in Texas, possession of two ounces or less of cannabis is punishable by up to 180 days in jail and a $2,000 fine. Possession of four ounces to five pounds of cannabis is a felony punishable by a maximum of 2 years with a maximum fine of $10,000. For cannabis concentrates, possession of even less than one gram is a felony that carries a minimum of 180 days in prison and a maximum fine of $10,000.
Medical marijuana possession limits are determined by the dose the physician prescribes. Possession of any cannabis that is not prescribed by the doctor is not legal.
Home cultivation is not permitted in the state of Texas. All cannabis products in Texas must be purchased from a licensed dispensing organization.
Have Questions About Getting a Medical Card in Texas?
Learn more about medical cannabis in Texas with our extensive set of patient resources:
