Is Weed Legal in Texas? The Definitive Guide

Weed products are everywhere in the Lone Star State, from coffee shop counters to six-packs from local breweries, but is weed legal in Texas? Just because weed has hit the mainstream doesn’t mean Texas has suddenly dropped its long-standing and draconian stances on the matter — even if more people in the U.S. are now smoking marijuana than cigarettes.

We can tell you upfront that weed is still technically illegal in Texas, although the laws themselves are anything but simple. With cannabis laws changing rapidly across the country, it’s important to understand exactly where Texas stands on marijuana, regardless of whether you’re a casual user or are facing charges for possession.

Keep reading to find out everything you need to know about the weed laws in Texas or, if you’re facing charges for possession of marijuana in Texas, call us today at (713) 864-9000 to defend your future.

Is weed officially legal in Texas?

Sadly, despite marijuana’s growing mainstream acceptance, possession remains illegal in Texas. Current weed laws in Texas still confirm that it’s illegal to smoke or consume marijuana for recreational purposes.

While marijuana may still be illegal in the Lone Star State, there are a few exceptions to the rule, which we will discuss more in detail after going over some important data.

Texas state law on medical marijuana

Texas’s Compassionate Use Program (CUP) allows certain physicians to prescribe low tetrahydrocannabinols (THC) cannabis for medical purposes. The program was established to provide limited access to medical cannabis for patients with specific conditions while maintaining strict controls. By law, the Compassionate Use Program is limited to Texas patients with specific qualifying conditions, including:

• Epilepsy
• Seizure disorders
• Multiple sclerosis
• Spasticity
• Amyotrophic lateral sclerosis (ALS)
• Autism
• Terminal cancer
• An incurable neurodegenerative disease

To qualify for a medical marijuana prescription in Texas, several criteria must be met:

1. The patient must be a permanent resident of Texas.
2. The patient must have one of the qualifying medical conditions listed above.
3. The prescription must come from a physician registered with the Compassionate Use Program.
4. The qualified physician must determine that the benefit of low-THC cannabis outweighs the risk.

This system is notably more strict than the medical marijuana systems of many other states, as it uses a prescription model rather than a recommendation and card system. While the CUP does provide Texans who need medical marijuana some relief, the program is one of the most restrictive in the nation, both in terms of qualifying conditions and the limited forms of cannabis allowed.

The difference between cannabis products

The confusing reality of cannabis products in Texas stems from the fact that there are multiple types available for sale — some of which have been made temporarily legal thanks to pieces of legislation like 2018’s Farm Bill. Knowing the difference between these products, and their respective legalities, is important for anyone with even a mildly green thumb in Houston.

Here’s a breakdown of the main types:

• THC (Delta-9-tetrahydrocannabinol): This is the primary psychoactive compound in cannabis that gets you high. Although THC is a component of marijuana, it is also often used to refer to real, illegal marijuana.
• CBD (Cannabidiol): A non-psychoactive compound found in cannabis plants. CBD products derived from hemp and containing less than 0.3% THC are one of the legalized cannabis products in Texas following the 2018 Farm Bill.
• THCA (Tetrahydrocannabinolic acid): THCA is a relatively new addition to the cannabis-product market. It is technically the non-psychoactive precursor to THC found in raw cannabis. When heated, THCA converts to THC — which is why buying THCA is essentially the closest you can get to the real thing.
• Delta-8 THC: A cannabinoid similar to Delta-9 but typically producing milder effects. Delta-8’s legality has been much contested in Texas, with the state unsuccessfully attempting to classify it as a controlled substance. Delta-8, just like CBD, has become something of a thing of the past with the advent of THCA.
• Hemp: Hemp is a broad term that is used to describe cannabis plants containing less than 0.3% Delta-9 THC. Products derived from hemp (like THCA) are legal in Texas, which has created most of the legal confusion about buying cannabis in the state.

Are there weed dispensaries in Texas?

Given the strict and sometimes inscrutable laws about the sale and possession of weed in Texas, you might be surprised to find out that there are a ton of dispensaries in the Lone Star State. How, then?

They sell either Farm-Bill-compliant, hemp-derived THCA (like THCA), or low-THC medical marijuana to Texans with active prescriptions.

Can you get in trouble for having weed in Texas?

What happens if you get caught with weed in Texas? Can you still go to jail? YES. Despite the growing acceptance of marijuana use nationwide, Texas maintains strict laws against possession. Although many parts of Texas — mostly metropolitan areas making a practical decision — have adopted a more progressive approach to marijuana arrests, you can’t count on the police writing you a traffic ticket and walking away.

What if you’re carrying legal THCA or Delta-8 THC? You can still be charged and go to jail. This is one of the largest problems with Texas’ complicated cannabis landscape: the police can’t with any degree of certainty tell the difference between illegal marijuana and technically legal hemp-derived THC.

The science is extremely complicated, and the police force is not known for their accuracy in the field, so if you’re caught holding the (hemp-derived) bag, you will still likely need the services of the best Houston drug crimes attorney you can get your hands on.

Penalties for marijuana possession in Texas

Although small amounts of marijuana are now misdemeanor charges, possessing any amount of marijuana deemed to be more than “a personal amount” can still come with jaw-dropping consequences. Just how severe are the marijuana possession penalties in Texas? See for yourself.

The more you possess, the higher the chances you’ll face felony drug possession charges or charges for possession with intent to distribute. It’s worth noting that some jurisdictions in Texas, including Houston, Dallas, San Antonio, and Austin, have implemented various forms of decriminalization or cite-and-release policies for small amounts of marijuana.

Keep in mind that these are local policies and do not change state law, meaning officers still have discretion to make arrests under state law if they choose to do so — and that they will be much less likely to go easy on you if they believe you’re also selling your stash. Either way, keep your composure and keep a lawyer who knows how to get a possession charge dismissed on speed dial.

Will Texas ever consider legalizing recreational marijuana?

We’re pleased that Texas has made more progress with weed laws in the past few years than the preceding decade. New, progressive marijuana laws have many people wondering if Texas is on the road to legalization. Although full recreational legalization seems unlikely in the immediate future, this is not to say we won’t continue to see more progressive legislation being passed and more investment in the Texas hemp-derived cannabis industry.

Although the winds have been blowing toward change for years, it seems like Texas is loath to cross the finish line. Public opinion in Texas has long since shifted, but polls showing overwhelming support for recreational marijuana legalization have not yet been enough. Additionally, the success of legalization in other states — including the tax revenue generated — has not gone unnoticed by Texas lawmakers facing budget constraints.

Economic considerations will likely drive change in the end, as the potential for job creation, tax revenue, and reduced law enforcement costs becomes harder and harder to ignore. But for now the bottom line is that recreational marijuana is illegal, and while you might not be putting your future on the line the way you were 20 years ago, buying and smoking recreationally still comes with considerable risks.

Caught holding the bag? Thiessen Law Firm can help.

Although weed is not legal in Texas, there are a number of hemp-derived cannabis products that are. This unfortunately doesn’t mean you’re out of the woods with the law. Certain areas in Texas are still arresting first and asking questions later, so if you find yourself on the wrong end of the Houston weed laws, give us a call.

At Thiessen Law Firm, we understand how outdated the Houston weed laws are — and how frustrating it can be to deal with marijuana charges in Texas, despite smoking recreationally being legal around the country. Mark Thiessen is an ACS-CHAL Lawyer Scientist; he understands the science behind marijuana better than the police, and can use it to help your truth come to light.

It’s not too late. Our attorneys are waiting to fight for your future. Give us a call today at (713) 864-9000 or contact us online to get started.

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