Texas Marijuana Laws
Facts on this page were checked against official sources, including the Texas Department of Public Safety and Texas Health and Safety Code chapter 487, by the Dr. Green Relief editorial team. Last reviewed October 15, 2026.
In short, Texas allows only low-THC cannabis, and only for permanent residents with a qualifying condition and a prescription in the Compassionate Use Registry of Texas. Patients get no card and pay no state fee. DPS lists 3 active dispensing organizations, and the 12 conditional licensees it named cannot sell until it gives final approval.
Is marijuana legal in Texas? Mostly not: Texas marijuana laws still make possessing marijuana a crime, with an exemption for patients and legal guardians holding prescribed low-THC cannabis. This guide covers Texas medical cannabis laws, from the 10 mg THC limit per dosage unit to the penalties for recreational possession.
Is Marijuana Legal in Texas?
Only partly, and only for patients with a prescription in CURT. Recreational marijuana is illegal in Texas, and medical use is limited to low-THC cannabis that a registered physician prescribes for a qualifying condition, taken any way except smoking.
Is Medical Marijuana Legal?
Yes, but narrowly. Texas has no general medical marijuana program, just a limited one for low-THC cannabis that began in 2015 and has expanded since. This program allows certain patients to use low-THC cannabis with no more than 10 milligrams of THC in each dosage unit.
To take part in the Texas Compassionate Use Program, patients must be permanent Texas residents with a qualifying medical condition and a prescription from a medical marijuana doctor registered in CURT.
Is Recreational Marijuana Legal?
No, recreational use of marijuana is entirely illegal in Texas, and possessing up to 2 ounces is a Class B misdemeanor.
The History of Marijuana Laws in Texas
Texas still grades marijuana possession by weight under Health and Safety Code 481.121, up to a first-degree felony above 2,000 pounds. At that top tier the sentence is life or 5 to 99 years in prison, plus a fine of up to $50,000. Those penalties sit in the Texas Controlled Substances Act, Health and Safety Code chapter 481, which dates from 1989. Lawmakers have amended the possession section several times since, most recently through HB 6 in 2023.
Small possession cases do not always start with an arrest. Under Code of Criminal Procedure article 14.06, an officer may write a citation instead of taking a person before a magistrate for Class A or B misdemeanor marijuana possession, if the person lives in the county where it happened. HB 2391 amended that article in 2007, and today it reaches marijuana possession of up to 4 ounces.
In 2015, State Representative David Simpson filed HB 2165 to repeal Texas marijuana offenses; it cleared a House committee 5 to 2 but never got a floor vote. However, that same year, limited medical use of low-THC cannabis was signed into law as the Texas Compassionate Use Act. In the years since then, Texas legalized hemp and hemp-derived products such as CBD in 2019, more patients have gained access to low-THC cannabis, and the medical program was most recently expanded by HB 46 in the 2025 legislative session.
Texas Marijuana Laws on Buying, Possessing and Growing
Below is what Texas law says about buying, possessing, growing, carrying and using marijuana, and the one exemption for patients with a low-THC prescription.
Possession & Purchase
It is illegal to have any usable amount of marijuana in your possession in Texas; the only exemption is for patients and legal guardians holding low-THC cannabis from a licensed dispensing organization under a prescription. Up to 2 ounces is a Class B misdemeanor (up to 180 days in jail, a fine of up to $2,000, or both), more than 2 and up to 4 ounces is a Class A misdemeanor (up to one year in jail, a fine of up to $4,000, or both), and larger amounts are felonies. Selling or delivering marijuana is a separate offense under Health and Safety Code 481.120, graded by amount and, for small amounts, by whether you were paid.
How Much Can I Buy and Possess in Texas?
Patients may buy and possess only the low-THC cannabis their prescription allows, and each prescription covers up to a 90-day supply; for everyone else, possessing any usable amount of marijuana is a crime.
Where Can Patients Buy Low-THC Cannabis in Texas?
Only patients with a prescription can legally obtain low-THC cannabis in Texas, from one of the three DPS-licensed dispensing organizations. Hemp-derived CBD products testing at no more than 0.3% delta-9 THC may be sold by retailers registered with the Texas Department of State Health Services under Health and Safety Code chapter 443, as of October 2026.
Who Can Legally Purchase Cannabis in Texas?
Buying low-THC cannabis in Texas is legal only for patients with a prescription in CURT, or their legal guardians, and only from a licensed dispensing organization.
Home Cultivation
Under Texas marijuana laws, growing marijuana at home is a crime, because state law counts the plant as marijuana whether growing or not and makes it an offense to knowingly or intentionally possess a usable quantity of marijuana. Patients cannot grow either: under the DPS program, only licensed dispensing organizations may cultivate low-THC cannabis.
Reciprocity
Texas does not recognize the medical marijuana programs of other states, and it fills only prescriptions a CUP-registered physician enters in CURT for a permanent Texas resident.
Consumption
Texas marijuana law forbids all recreational use; medical use is limited to prescribed low-THC cannabis taken any way except smoking.
Where Can I Use Cannabis in Texas?
Use is limited to patients and their prescribed low-THC products; Texas law names no public places for it, so use it privately.
Who Qualifies for a Texas Low-THC Prescription?
Under Occupations Code 169.003, a qualified Texas physician may prescribe low-THC cannabis only to a permanent Texas resident with a qualifying condition. Qualifying conditions include epilepsy and seizure disorders, MS, spasticity, ALS, autism, cancer, incurable neurodegenerative diseases, PTSD, chronic pain, traumatic brain injury, Crohn’s disease and other inflammatory bowel disease, and terminal illness.
Transportation
Except for a patient or legal guardian carrying prescribed low-THC cannabis, it is illegal to transport marijuana in Texas.
Driving
Driving while impaired by marijuana is a crime in Texas: Penal Code 49.04 covers losing the normal use of your mental or physical faculties from any drug or other substance.
Expungement
Texas calls this expunction, and a person entitled to it, for example after a trial court acquittal, may file an ex parte petition in district court under Code of Criminal Procedure article 55A.251. An attorney can tell you whether a marijuana arrest on your record qualifies.
How to Get a Low-THC Prescription?
Texas issues no patient card; what people call a Texas medical marijuana card is really a low-THC prescription in CURT. One qualified physician confirms you have a listed condition and enters the prescription, and the registry allows only one prescribing physician per patient.
What Do Texas Marijuana Laws Allow Today?
Overall, Texas marijuana laws still treat most possession as a crime, while the Texas Compassionate Use Program, expanded by HB 46 in 2025, gives qualifying patients legal access to low-THC cannabis.
Sources, checked October 8, 2026: Texas Occupations Code ch. 169, Health and Safety Code ch. 487, Health and Safety Code ch. 481 and the DPS Compassionate Use Program.
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