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Is marijuana legal in Texas
As of May 2025, marijuana remains largely illegal in Texas, with only limited exceptions for medical use. Recreational cannabis use, possession, and sale are prohibited under both state law and the Texas Controlled Substances Act, which classifies marijuana as a Schedule I drug, mirroring federal law.
Medical Use:
Texas operates a very restrictive medical marijuana program through the Compassionate Use Program (CUP). Initially introduced in 2015 and gradually expanded over the years, this program allows qualified patients to access low-THC cannabis (defined as cannabis products containing no more than 1% THC by weight). Conditions covered include intractable epilepsy, multiple sclerosis, spasticity, autism, cancer, PTSD, and certain neurodegenerative diseases. However, even with these allowances, only licensed dispensaries are permitted to provide these products, and smokable forms remain banned.
Possession Laws:
Possessing two ounces or less of marijuana is a Class B misdemeanor, which can result in a $2,000 fine and 180 days in prison. Penalties increase with the amount possessed. Possession of concentrates or edibles containing THC—regardless of quantity—is treated more severely, often as a felony.
Local Enforcement Variations:
In recent years, several Texas cities (including Austin, Dallas, and San Antonio) have enacted policies aimed at deprioritizing enforcement for low-level marijuana possession. While these measures offer some protection from arrest or prosecution, they do not change state law, and enforcement practices can vary.
Legal Outlook:
Despite growing public support for cannabis reform and some bipartisan interest, Texas lawmakers have not legalized recreational marijuana. Legislative efforts continue, but significant changes are unlikely until a broader political shift occurs at the state level.
