Adults only (18+)

Legal Status of Cannabis in Texas

Cannabis remains illegal for recreational use in Texas. Despite some legislative efforts to decriminalise or legalise cannabis, the state maintains strict laws prohibiting its use, possession, and distribution. The legal framework differentiates between marijuana and hemp, with hemp products containing less than 0.3% THC being legal, while marijuana with higher THC content remains prohibited.

Possession and Public Use

Possession of marijuana is illegal in Texas. Individuals found in possession of up to two ounces may face a Class B misdemeanor charge, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of larger amounts can lead to more severe penalties, including felony charges. Public consumption of cannabis is also prohibited and can result in fines or other legal consequences. Enforcement of these laws is consistent across the state, with no known jurisdictions offering immunity from prosecution.

Medical Cannabis

Texas has a limited medical cannabis programme known as the Compassionate Use Program (CUP). Established in 2015, the programme allows patients with specific medical conditions to access low-THC cannabis oil. In 2025, the programme was expanded to include additional qualifying conditions, increasing access for patients in need. However, the programme remains restrictive compared to those in other states, with limitations on the types of products available and the conditions covered.

Cultivation

Cultivation of cannabis is illegal in Texas. The law does not permit individuals to grow cannabis for personal use, and any cultivation is subject to criminal penalties. Only licensed entities authorised by the state may cultivate cannabis for specific purposes, such as research or medical use. The legal framework aims to control the supply and distribution of cannabis through authorised channels.

Driving Under the Influence

Driving under the influence of cannabis is illegal in Texas. Law enforcement agencies are authorised to conduct roadside sobriety tests, and individuals found impaired by cannabis may face penalties, including fines, licence suspension, and possible imprisonment. The legal limit for THC in the blood is not clearly defined, but any detectable amount can lead to legal consequences. Texas enforces strict measures to ensure road safety and prevent drug-impaired driving.

Tourists and Cannabis Laws

Tourists visiting Texas should be aware that recreational cannabis use is illegal. Possession, use, or trafficking of cannabis can lead to arrest and prosecution. Medical cannabis laws apply only to residents registered with the state programme. Visitors are advised to comply fully with local laws to avoid legal issues during their stay.

Public Perception and Cultural Context

Cannabis use in Texas remains a topic of debate. Public opinion is gradually shifting, with increasing support for medical cannabis legalisation. However, recreational use continues to face strong legal and social opposition. The state's approach to cannabis is influenced by political, cultural, and public health considerations.

Recent Developments and Future Outlook

While Texas has not legalised cannabis for recreational or general medical use, there have been discussions and legislative efforts aimed at reform. In 2024, the Texas legislature passed Senate Bill 3, which aimed to ban all THC products outside of the state's low-THC medical cannabis programme. However, Governor Greg Abbott vetoed the bill, citing legal and economic concerns, and called for a special session to regulate the products. This move reflects a more balanced approach, aiming to protect public health while considering the economic impact on the hemp industry.

In Summary

Cannabis is illegal for recreational use in Texas, with possession and public consumption subject to penalties. Medical cannabis is legal under a limited programme, available to qualifying patients through a state-regulated system. Cultivation by individuals is prohibited, and driving under the influence is illegal. Tourists should adhere to local laws to avoid legal issues. While public opinion is shifting, significant legislative changes regarding cannabis legalisation have not yet occurred in the state.