Texas continues to enforce some of the strictest marijuana laws in the United States, with recreational weed remaining illegal statewide despite shifting public opinion and reforms elsewhere. While the state does allow limited medical cannabis use through a tightly controlled program, most forms of marijuana possession, cultivation, and sale are still criminal offenses under Texas law. This page explains whether marijuana is illegal in Texas, outlining recreational penalties, medical cannabis restrictions, local enforcement variations, and what residents should know about the state’s legislative outlook. For readers who want to compare Texas cannabis laws with other jurisdictions, see our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana illegal in Texas
1. Recreational Marijuana: Illegal
- Status: Fully illegal in Texas.
- Possession Penalties:
- <2 ounces: Class B misdemeanor; up to 180 days in jail + $2,000 fine.
- 2–4 ounces: Class A misdemeanor; up to 1 year in jail + $4,000 fine.
- >4 ounces: Accusations of felonies with increasing punishments.
- Cultivation & Distribution: Also classified as criminal offenses with felony penalties.
2. Medical Marijuana: Limited Use Allowed
- Legal Framework: TCUP stands for Texas Compassionate Use Program.
- THC Restriction: Products must contain less than 1% THC by weight.
- Approved Forms: Only non-smokable forms (e.g., oils, tinctures, capsules, lozenges).
- Qualifying Conditions:
- Epilepsy
- Multiple Sclerosis (MS)
- Amyotrophic Lateral Sclerosis (ALS)
- Autism
- Terminal cancer
- PTSD (added recently)
- Process:
- Must be prescribed by a registered physician.
- Patients must be listed in the state’s Compassionate Use Registry.
3. Decriminalization Efforts
- Statewide: No statewide decriminalization.
- Local Policies:
- Cities like Austin have implemented “cite-and-release” policies for minor possession.
- These reduce arrests but do not change the underlying legality.
4. Legislative Outlook
- Reform Attempts: Multiple failed attempts to legalize or further expand access.
- Public Opinion: Increasing support for reform, but progress is slow due to political resistance.
- Law Enforcement: Continues to enforce strict cannabis laws outside of medical exemptions.
In summary, Texas maintains strict cannabis laws, with narrow allowances for low-THC medical marijuana and limited local reforms on enforcement practices.
