Is marijuana legal in Texas?
No, except for a limited medical program. As of 2026, Texas allows only prescribed low-THC cannabis for registered patients with qualifying conditions, and recreational marijuana is illegal.
Status checked November 4, 2026
Contents
Marijuana laws in Texas
Recreational marijuana is illegal in Texas. Possessing two ounces or less is a Class B misdemeanor, and larger amounts carry heavier penalties.
Texas has a limited medical program, the Texas Compassionate Use Program (TCUP). It began in 2015 and was expanded by House Bill 46, which took effect September 1, 2025. Doctors registered with the program may prescribe low-THC cannabis, defined as no more than 10 milligrams of THC per dosage unit, to permanent Texas residents. Qualifying conditions include epilepsy and seizure disorders, multiple sclerosis, spasticity, ALS, autism, cancer, incurable neurodegenerative diseases, PTSD, chronic pain, traumatic brain injury, Crohn’s and other inflammatory bowel diseases, and terminal illness or hospice care.
Prescriptions cover a 90-day supply with up to four refills. Smoking is not a permitted medical use, but doctors may prescribe vaping where medically necessary. Products are dispensed only by state-licensed dispensing organizations, and patients are listed in the Compassionate Use Registry rather than issued a card.
Hemp products are legal but tightly limited. Since March 31, 2026, state rules count THCA toward the 0.3% THC limit. Since July 31, 2026, non-delta-9 THC such as delta-8 has been a Schedule I controlled substance. Retailers may not sell hemp products to anyone under 21. Marijuana remains illegal under federal law.
What the law says
Legal
- A physician described by Section 169.002 may prescribe low-THC cannabis to a patient if: (1) the patient is a permanent resident of the state
- "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than 10 milligrams of tetrahydrocannabinols in each dosage unit.
Not legal
- Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
- a Class B misdemeanor if the amount of marihuana possessed is two ounces or less
- "Medical use" means the ingestion, absorption, or insertion by a means of administration other than by smoking of a prescribed amount of low-THC cannabis by a person for whom low-THC cannabis is prescribed under this chapter.
Quoted from Texas Occupations Code §§169.001, 169.003, as amended by HB 46 (2025).
How old do you have to be to use marijuana in Texas?
There is no legal age to buy marijuana in Texas, because recreational marijuana is illegal at any age. Low-THC cannabis is available only by prescription to registered patients in the Texas Compassionate Use Program. For hemp products, state rules bar licensed retailers from selling consumable hemp products to anyone under 21 and require them to check a government-issued ID.
How much marijuana can you have in Texas?
No amount of marijuana is legal to have in Texas unless it is low-THC cannabis prescribed to you through the Compassionate Use Program. Possessing two ounces or less is a Class B misdemeanor, more than two and up to four ounces is a Class A misdemeanor, and more than four ounces is a felony. The same limits apply in a car or at home. Registered patients may have the amount prescribed, which covers a 90-day supply per prescription.
Where can you buy marijuana in Texas?
You can't buy recreational marijuana anywhere in Texas. Registered patients can get prescribed low-THC cannabis only from dispensing organizations licensed by the Department of Public Safety. HB 46 directed the state to license at least 12 new dispensing organizations by April 1, 2026, and allowed satellite storage locations for distribution. Hemp products with no more than 0.3% THC are sold by retailers registered with the Department of State Health Services, only to customers 21 or older.
Can you grow marijuana at home in Texas?
No, you cannot grow marijuana at home in Texas, including registered Compassionate Use patients. Only licensed dispensing organizations may cultivate low-THC cannabis. Growing marijuana is a crime under Texas law, and penalties depend on the amount. Home hemp growing is not allowed either without a state hemp license.
Where can you use marijuana in Texas?
There's no legal place to smoke marijuana in Texas, because recreational marijuana is illegal everywhere in the state. Registered patients may use prescribed low-THC cannabis by ingestion, absorption or insertion, but not by smoking. A doctor may prescribe inhaling an aerosol or vapor if it is medically necessary. Businesses holding a TABC liquor permit for off-premises sales may not allow anyone to consume hemp products on their premises.
How do you get a medical marijuana card in Texas?
Texas does not issue a medical marijuana card. A Texas physician registered with the Compassionate Use Program enters the prescription in the state's Compassionate Use Registry, run by the Department of Public Safety. You must be a permanent Texas resident diagnosed with a qualifying condition, such as epilepsy, multiple sclerosis, autism, cancer, PTSD, chronic pain, traumatic brain injury, Crohn's disease, a terminal illness or a neurodegenerative disease. Each prescription covers a 90-day supply with up to four refills.
Can visitors buy or use marijuana in Texas?
No. Out-of-state visitors cannot buy marijuana in Texas. Recreational marijuana is illegal, and the Compassionate Use Program is limited to permanent Texas residents. Texas does not recognize medical marijuana cards from other states. Visitors caught with marijuana face the same penalties as residents, starting with a Class B misdemeanor for two ounces or less.
What are the rules on driving and marijuana in Texas?
No, you cannot drive high in Texas. It is a DWI to drive while intoxicated, which Texas defines as not having the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug or any other substance. That includes marijuana and prescribed low-THC cannabis. Texas has no set THC blood limit, so impairment is judged case by case.
Can an employer in Texas fire you for using marijuana?
Yes, you can get fired for using marijuana in Texas, including registered Compassionate Use patients. No Texas statute protects employees or job applicants who use marijuana or low-THC cannabis, and Texas employment is generally at-will. Employers may drug test and enforce drug-free workplace policies.
What are the penalties for breaking marijuana laws in Texas?
In Texas, possessing two ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. More than two and up to four ounces is a Class A misdemeanor, punishable by up to one year and $4,000. More than four ounces up to five pounds is a state jail felony, and larger amounts are higher felonies, up to life in prison for more than 2,000 pounds. Some cities have adopted local low-level enforcement policies, but state law applies statewide.
Are CBD, hemp and delta-8 products legal in Texas?
Some hemp products are legal in Texas, but delta-8 is not, and most THCA flower no longer passes the legal limit. Consumable hemp products may contain no more than 0.3% delta-9 THC. Since March 31, 2026, state rules count THCA toward that limit, and those rules are in force while a court challenge proceeds. Since July 31, 2026, delta-8 and other non-delta-9 THC have been Schedule I controlled substances except for trace natural amounts. Retailers may not sell hemp products to anyone under 21. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Texas?
Yes. Federal law still applies in Texas. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Texas changed recently, or is it about to?
When will weed be legal in Texas? No date is set, and no legalization bill is pending. The Legislature's next regular session begins in January 2027. Recent changes: HB 46 expanded the Compassionate Use Program on September 1, 2025. Texas made hemp sales 21+ in October 2025. New state hemp rules counting THCA took effect March 31, 2026, and delta-8 was scheduled as a controlled substance on July 31, 2026. A court challenge to the THCA rules is set for appeals-court argument on December 8, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
- Texas Occupations Code Chapter 169, Low-THC Cannabis for Compassionate Use
- House Bill 46 (89th Legislature, 2025), TCUP expansion, effective Sept. 1, 2025
- Texas Health and Safety Code Chapter 487, Texas Compassionate-Use Program
- Texas Health and Safety Code §481.121, Possession of Marihuana
- Texas Health and Safety Code Chapter 443, Industrial Hemp
- Texas Penal Code §49.01 (definition of intoxicated)
Sources (11)
- House Bill 46 (89th Legislature, 2025), TCUP expansion, effective Sept. 1, 2025 capitol.texas.gov
- Texas Occupations Code Chapter 169, Low-THC Cannabis for Compassionate Use statutes.capitol.texas.gov
- Texas Health and Safety Code §481.121, Possession of Marihuana statutes.capitol.texas.gov
- Texas Health and Safety Code Chapter 443, Industrial Hemp statutes.capitol.texas.gov
- Texas Penal Code §49.01 (definition of intoxicated) statutes.capitol.texas.gov
- dshs.texas.gov
- tabc.texas.gov
- txcourts.gov
- texashempbusinesscouncil.com
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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