Texas Marijuana Laws

(Photo credit: Texas Original Compassionate Cultivation).

Recreational marijuana remains illegal in Texas, but the state allows certain patients to obtain low-THC marijuana through the Texas Compassionate Use Program.

Texas has not legalized recreational possession, retail sales or personal home cultivation. Possession of two ounces or less of marijuana remains a Class B misdemeanor under state law, while larger quantities can result in increasingly serious criminal penalties.

Texas significantly expanded its medical marijuana program in 2025, adding qualifying conditions, expanding the number of licensed dispensing organizations and allowing certain patients to use prescribed marijuana through pulmonary inhalation when medically necessary.

This page provides an overview of Texas marijuana laws in 2026, including recreational possession, medical marijuana, home cultivation, dispensaries, concentrates, driving and other important rules. For a nationwide overview, see The Marijuana Herald’s guide to marijuana laws by state.

Last updated: September 12, 2026

Texas Marijuana Laws at a Glance

Is Recreational Marijuana Legal in Texas?

No. Texas has not legalized recreational marijuana.

Possessing a usable quantity of marijuana remains a criminal offense unless the possession is specifically authorized under state law, such as through the Texas Compassionate Use Program.

Texas law classifies possession of two ounces or less as a Class B misdemeanor. Possessing more than two ounces but no more than four ounces is a Class A misdemeanor. Possession of more than four ounces can rise to a felony.

There are no state-licensed recreational marijuana stores in Texas.

What Are the Penalties for Marijuana Possession in Texas?

Texas marijuana possession penalties are based largely on the amount possessed.

Possession of two ounces or less is a Class B misdemeanor, while possession of more than two ounces through four ounces is a Class A misdemeanor. More than four ounces but no more than five pounds is a state jail felony. Penalties continue increasing as the amount increases.

These penalties apply under state law even though some Texas cities have adopted local policies intended to reduce arrests or prosecutions for low-level marijuana offenses. Local enforcement policies do not legalize marijuana statewide.

Are Marijuana Concentrates Legal in Texas?

Generally, no, unless the product falls within an applicable medical or hemp-related exception.

Texas treats tetrahydrocannabinols other than marijuana itself as substances in Penalty Group 2. As a result, possession of marijuana concentrates such as certain THC oils, waxes and extracts can carry substantially more serious penalties than possession of the same weight of marijuana flower.

Unauthorized possession of less than one gram of a Penalty Group 2 substance is a state jail felony, while possession of one gram or more but less than four grams is a third-degree felony.

This distinction makes Texas law particularly important for consumers to understand because marijuana flower and concentrated THC products are not necessarily punished under the same provisions.

Hemp and THC contained in legally defined hemp are separately addressed under Texas law and are excluded from the Controlled Substances Act’s definition of a controlled substance.

Can You Grow Marijuana at Home in Texas?

No. Texas does not allow adults to cultivate marijuana at home for recreational purposes.

Registered medical marijuana patients also cannot grow their own plants. The Texas Department of Public Safety (DPS) says only licensed dispensing organizations may cultivate marijuana for use in products distributed through the Compassionate Use Program.

This differs from many states with medical marijuana programs, where registered patients are allowed to cultivate a limited number of plants.

Is Medical Marijuana Legal in Texas?

Yes, although Texas operates a more restrictive system than many other states with comprehensive medical marijuana laws.

The Texas Compassionate Use Program (TCUP), administered by DPS, allows qualified physicians to prescribe low-THC marijuana to permanent Texas residents with eligible medical conditions. Physicians enter qualifying patients into the Compassionate Use Registry of Texas, commonly known as CURT.

The program was originally established in 2015 and has been expanded several times. A significant expansion enacted through House Bill 46 took effect September 1, 2025.

What Conditions Qualify for Medical Marijuana in Texas?

Under the current Texas Compassionate Use Program, qualifying conditions include:

• Amyotrophic lateral sclerosis
• Autism
• Cancer
• Crohn’s disease or another inflammatory bowel disease
• A condition causing chronic pain
• Epilepsy
• An incurable neurodegenerative disease
• Multiple sclerosis
• Post-traumatic stress disorder
• A seizure disorder
• Spasticity
• A terminal illness or a condition for which the patient is receiving hospice or palliative care
• Traumatic brain injury
• Certain conditions being treated through an approved research program

The 2025 expansion added chronic pain, traumatic brain injury, Crohn’s disease and other inflammatory bowel diseases, as well as terminal illnesses and conditions involving hospice or palliative care.

A physician must also determine that the potential benefit of low-THC marijuana is reasonable in light of the risks for the individual patient.

What Counts as Low-THC Marijuana in Texas?

Following the 2025 expansion, Texas law defines low-THC marijuana for the Compassionate Use Program based on the amount of THC in each dosage unit.

A qualifying product may contain no more than 10 milligrams of tetrahydrocannabinols in each dosage unit. Licensed dispensing organizations also cannot dispense a package, container or pulmonary inhalation device containing more than one gram of total THC.

This replaced the program’s previous definition based on a percentage of THC by weight.

Can Medical Marijuana Be Smoked in Texas?

No. Smoking marijuana remains prohibited under the Texas medical marijuana program.

Texas law defines medical use to exclude smoking, meaning patients cannot legally obtain smokable marijuana flower through TCUP for combustion.

However, the 2025 law created a distinction between smoking and medically prescribed pulmonary inhalation.

A physician may prescribe administration of low-THC marijuana through an aerosol or vapor when the physician determines pulmonary inhalation is medically necessary for the patient’s condition. The prescription must specify the amount of THC in each dosage unit.

Do You Need a Medical Marijuana Card in Texas?

Texas does not use a traditional medical marijuana card system.

Patients do not independently apply to the state or pay a patient registration fee. Instead, an approved physician determines whether the person qualifies and enters the patient and prescription into the Compassionate Use Registry of Texas.

When obtaining a prescription from a licensed dispensing organization, the patient or legal guardian must provide identifying information so the organization can verify the prescription through the registry.

Is There an Age Requirement for Medical Marijuana in Texas?

Texas law does not establish a minimum patient age for participation in the Compassionate Use Program.

DPS says patients younger than 18 may require a legal guardian. All patients must otherwise meet the program requirements, including Texas residency and having a qualifying condition.

Do You Have to Live in Texas to Get Medical Marijuana?

Yes. A patient must be a permanent Texas resident to qualify for the state’s Compassionate Use Program.

Texas does not allow a person visiting from another state to use an out-of-state medical marijuana authorization to purchase products through TCUP. DPS also says prescriptions issued through another state’s program cannot be filled in Texas.

Are Medical Marijuana Dispensaries Legal in Texas?

Yes. Marijuana may be dispensed to qualifying patients by organizations licensed through the Texas Compassionate Use Program.

House Bill 46 requires DPS to issue a total of 15 dispensing organization licenses, provided enough applicants satisfy the state’s licensing requirements. Before the expansion, Texas had three active licensed organizations. DPS undertook a process in 2025 and 2026 to award 12 additional licenses.

The expansion also allows licensed organizations to operate satellite locations within the state’s public health regions, an effort intended to improve access for patients who previously had limited nearby options.

How Much Medical Marijuana Can a Texas Patient Purchase?

Unlike recreational states that commonly establish possession limits in ounces, Texas medical marijuana is prescribed according to a physician-determined dosage.

Current law allows a prescription to provide a 90-day supply based on the dosage prescribed to the patient. A prescription may provide as many as four refills of a 90-day supply, and physicians may prescribe more than one package during a 90-day period.

Individual packages and pulmonary inhalation devices cannot contain more than one gram of total THC.

Can You Give Marijuana to Someone Else in Texas?

Giving marijuana away is still considered delivery under Texas law.

Delivery of one-quarter ounce or less without receiving payment is a Class B misdemeanor. If the person receives payment for one-quarter ounce or less, the offense is a Class A misdemeanor. Delivering larger amounts can result in felony charges.

Texas therefore differs sharply from legal recreational states where adults are commonly allowed to give limited quantities of marijuana to one another without payment.

Can You Drive After Using Marijuana in Texas?

Driving while intoxicated by marijuana is illegal in Texas.

Texas law makes it an offense to operate a motor vehicle in a public place while intoxicated. The state’s definition of intoxication covers impairment caused by drugs and controlled substances in addition to alcohol.

Legal participation in the Compassionate Use Program does not authorize a patient to drive while impaired.

Can You Bring Marijuana Into Texas From Another State?

No. Recreational marijuana remains illegal in Texas, and an adult cannot legally bring marijuana into the state simply because it was purchased legally somewhere else.

Texas also does not recognize out-of-state medical marijuana prescriptions for purchases through its Compassionate Use Program. TCUP participation is restricted to permanent Texas residents whose prescriptions have been entered by participating physicians.

Transporting marijuana across state lines can also implicate federal law.

Can Tourists Buy Marijuana in Texas?

No. Texas does not have recreational marijuana stores, so visitors cannot legally purchase adult-use marijuana.

The medical program is also unavailable to tourists because patients must be permanent Texas residents.

Is Marijuana Decriminalized in Texas?

Texas has not enacted statewide marijuana decriminalization.

Possessing two ounces or less remains a Class B misdemeanor under state law. Although some cities and local prosecutors have adopted policies that reduce enforcement of certain marijuana offenses, those policies do not change the statewide statute.

Are Marijuana Edibles Legal in Texas?

Recreational marijuana edibles are illegal in Texas. Products containing marijuana-derived THC are not made legal simply because the THC is contained in a gummy, food, beverage or other edible product.

Qualifying patients in the Texas Compassionate Use Program may obtain prescribed low-THC marijuana in ingestible forms. Under current law, qualifying medical products may contain up to 10 milligrams of THC in each dosage unit. Smoking remains prohibited, although other approved methods of administration are allowed.

Hemp-derived consumable products are regulated separately from marijuana. Texas allows certain consumable hemp products containing no more than 0.3% delta-9 THC by dry weight, subject to state requirements. These products should not be confused with recreational marijuana edibles, which remain illegal.

Related Marijuana Laws and Protections

Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.

People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.