Cannabis laws in Texas have been a subject of ongoing debate and change. While the state has maintained a strict stance on recreational cannabis, with possession of up to two ounces still classified as a Class B misdemeanor, there has been some movement toward medical cannabis legalization.
Medical use is limited to low-THC cannabis oil, with strict requirements for approval. Despite attempts to regulate hemp-derived products, the future of cannabis law in Texas remains uncertain, as recent legislative efforts continue to shape the landscape.
Key Takeaways
- Recreational cannabis is illegal in Texas, with strict penalties for possession and distribution.
- Medical cannabis is legal under the Compassionate Use Program, limited to low-THC products for specific medical conditions.
- Ongoing legislative changes could shape the future of cannabis laws in Texas, with debates over regulation versus prohibition continuing to evolve.
Historical Overview of Cannabis Regulation in Texas
Cannabis regulation in Texas has undergone significant changes since its earliest mentions. In 1894, John Gregory Bourke documented the use of “mariguan” by Mexican residents, describing its role in local customs and medicinal uses.
The first legal restrictions came in 1915 in El Paso, where cannabis was banned following concerns over violent crimes allegedly linked to its use. By 1931, Texas made cannabis possession a felony, setting a harsh precedent for decades.
In 1973, the state began softening its stance with House Bill 447, which reduced penalties for possession and classified small amounts as a misdemeanor. Cannabis remained a criminal offense until 2015, when Texas legalized low-THC cannabis oil for medical use under the Texas Compassionate Use Program.
Over the years, the state expanded medical cannabis access, including more qualifying conditions, though recreational cannabis remains illegal.
A landmark moment occurred in 2019 with the passage of House Bill 1325, which legalized hemp cultivation and CBD products. However, the passage of Senate Bill 3 in 2025, aimed at regulating hemp-derived products, once again introduced uncertainty to the legal landscape, signaling the state’s complex and evolving relationship with cannabis.
Medical Cannabis in Texas: Legal Provisions and Accessibility
Medical cannabis in Texas is regulated under the Compassionate Use Program (CUP), which was established in 2015 with the passage of the Compassionate-Use Act.
Initially limited to patients with intractable epilepsy, the program has expanded to include additional qualifying conditions, such as multiple sclerosis, autism, cancer, PTSD, and more. Patients can access low-THC cannabis, which is defined as cannabis containing no more than 1% THC by weight.
To obtain a prescription, patients must be permanent residents of Texas and be diagnosed with a qualifying medical condition. A registered physician must evaluate the patient and determine if the benefits of low-THC cannabis outweigh the risks.
Once prescribed, patients can access medical cannabis at licensed dispensaries using the Compassionate Use Registry of Texas (CURT), an online system managed by the Texas Department of Public Safety (DPS). There is no age limit for prescriptions, though minors may require a legal guardian to assist in the process.
Low-THC cannabis products are available in forms suitable for ingestion, but smoking remains prohibited under the current regulations.
Current Legal Status of Recreational Marijuana in Texas
Recreational cannabis remains illegal in Texas. Despite various legislative attempts to address cannabis use, possession of any amount of marijuana for non-medical purposes is prohibited.
In May 2025, the Texas House passed Senate Bill 3, which further restricted THC products, including Delta-8 and Delta-9 THC. Under this bill, individuals caught possessing THC products could face up to a year in jail.
The state’s stance on recreational cannabis is clear: it is still considered a criminal offense. While the 2018 Hemp Farming Act and 2019 House Bill 1325 legalized hemp products with less than 0.3% THC, alternative THC compounds like Delta-8 have gained popularity, exploiting legal loopholes. However, the passage of SB 3 signals a crackdown on these products, particularly those deemed intoxicating or targeting children.
While there has been significant public debate over these restrictions, recreational cannabis use is still heavily penalized in Texas, and the legal consequences remain severe. The current law is clear: recreational marijuana use is illegal, with potential criminal penalties for possession and distribution.
Possession, Cultivation, and Consumption: What’s Allowed in Texas?
As of July 2025, Texas maintains strict regulations concerning cannabis possession, cultivation, and consumption.
Possession
Possession of any amount of cannabis for recreational use is illegal in Texas. Possession of less than two ounces is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
Between two and four ounces is a Class A misdemeanor, carrying a penalty of up to one year in jail and a fine of up to $4,000, and more than four ounces is considered a felony, with escalating penalties based on the quantity involved.
Notably, possession of THC concentrates, such as vape cartridges or edibles, is treated as a felony, even in small amounts.
Cultivation
Cultivating cannabis at home is strictly prohibited in Texas. There are no provisions in state law allowing for personal cultivation of cannabis for recreational or medical use. Any unauthorized cultivation can lead to serious legal consequences, including felony charges.
Consumption
The consumption of cannabis is illegal in Texas, both in public and private spaces. Consuming cannabis in a motor vehicle, aircraft, or watercraft remains prohibited, as does using marijuana in public places unless a local government permits cannabis use in that area.
Property owners may also prohibit tenants from smoking marijuana on the premises. However, they cannot ban other forms of consumption or possession of cannabis and related paraphernalia.
Texas enforces stringent laws regarding cannabis. Recreational possession, cultivation, and consumption are illegal, with severe penalties for violations. Individuals seeking access to cannabis must navigate the state’s limited medical cannabis program, which remains the only legal avenue for obtaining cannabis products.
What Future for Cannabis Legislation in Texas?
As of July 2025, Texas is at a legislative crossroads regarding cannabis policy.
The state has seen a shift from previous positions, with Governor Greg Abbott now supporting a cap of 0.3% THC in hemp products and advocating for a ban on synthetic THC variants like Delta-8. This stance aligns with Senate Bill 5, which aims to impose one of the strictest bans on hemp-derived THC products in the nation, including criminal penalties for manufacturers, distributors, and consumers.
However, there is a growing movement within the Texas House to regulate rather than ban THC products. Proposed legislation seeks to permit the sale of natural Delta-9 THC products such as gummies and beverages, while prohibiting synthetic cannabinoids and vape products. This approach aims to balance consumer access with public safety concerns.
Public opinion is also a significant factor. A poll indicates that 53% of Texans oppose a full THC ban, suggesting a preference for regulated access over prohibition.
While recreational cannabis remains illegal, Texas is actively debating its future cannabis policies. The outcome will depend on legislative negotiations and public input during the ongoing special session.
To Sum Up
Is marijuana legal in Texas? As of now, recreational cannabis is illegal, with strict penalties for possession, cultivation, and consumption. However, medical cannabis is allowed under the Compassionate Use Program, limited to low-THC products for patients with qualifying conditions.
While the state has seen some progress toward regulation, recreational use remains prohibited, and recent legislative efforts may further restrict cannabis access. For those interested in staying informed, it’s important to follow the ongoing legislative developments as Texas continues to navigate its complex relationship with cannabis.
Rita Ferreira
Rita is a seasoned writer with over five years of experience, having worked with globally renowned platforms, including Forbes and Miister CBD. Her deep knowledge of hemp-related businesses and passion for delivering accurate and concise information distinguish her in the industry. Rita's contributions empower individuals and companies to navigate the complexities of the cannabis world, and her work remains a valuable resource for those seeking a deeper understanding of its potential.
