Texas Marijuana Laws

Current Legality State
Medical Program Only
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Texas State Information Page

  • low-THC medical cannabis program
  • Not decriminalized statewide; local decriminalization is in effect in some areas.
  • Possession is not allowed recreationally; medical patients are allowed to possess prescribed low-THC CBD oil for personal use.
  • Cultivation is illegal. 
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State lawmakers have legalized medical cannabis in the entire state of Texas thanks to the new law, and a complete medical program has been established in the state with several state-approved dispensaries.

Current state law has not decriminalized marijuana use or possession; however, local jurisdictions have the option to decriminalize marijuana limitedly; There are initiatives to pass bills for the decriminalization of recreational weed this year, also to fully legalize marijuana for personal use and expunge marijuana possession arrests, current criminal charges, and past criminal records. Recently, Austin City Council, backed by the Austin Police Department, approved marijuana decriminalization for a public vote in May.

State Laws and Offenses

Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Texas.

  • Marijuana plants are Schedule I controlled substances in the state of Texas
  • Cannabis is still considered a Schedule I Controlled Substance under federal law
  • Simple possession of up to two ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed 2,000 USD. Larger quantities and second-degree marijuana possession may involve steeper penalties.
  • The sale or delivery of 7 grams of marijuana or less as a gift is a Class B misdemeanor, and an offense punishable by up to 180 days of jail time and a fine not to exceed 2,000 USD.
  • The sale or delivery of between 7 grams and 5 pounds is a felony, criminal penalties include a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years of jail time, and a fine not to exceed 10,000 USD.
  • Cultivation of a cannabis plant in Texas will be penalized based upon the total weight of the plants found
  • People caught in possession of drug paraphernalia is a Class C misdemeanor, marijuana possession arrests are punishable by a fine not to exceed 500 USD.

The Compassionate Use Program allows Texas residents who have qualifying conditions to access medical marijuana. Approved conditions include:

  • Autism
  • ALS
  • Intractable, Chronic Pain
  • Cancer
  • Incurable neurodegenerative disorders
  • Intractable epilepsy
  • Multiple sclerosis
  • Muscular Spasticity
  • Post-traumatic stress disorder
  • Seizure disorders


Book An Appointment

You will schedule an appointment to see a medical marijuana doctor in Texas at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.



Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.



Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Texas to complete the registration process.

When does my Texas medical card expire?

Your medical card expires one day from when the doctor completes this registration. This is generally within 24 hours after the evaluation appointment.

Texas marijuana DUI laws

Similar to New Mexico and other states, Texas does not allow the operation of a moving vehicle under the influence of any Schedule I substance, including marijuana. The penalties are severe for intoxicated driving on any illegal substance, starting with a minimum of six days in jail.

A second DUI offense triggers an automatic thirty-day jail sentence, and a third may land you in prison for a minimum of two years.

Texas marijuana growing laws

Cultivation is illegal and will be penalized based upon the weight of the marijuana plants found. In Texas, growing or cultivating marijuana is considered a crime of possession under state laws.

Texas public consumption laws

Texas does not specify where qualified patients can use medical cannabis; however, recreational use is illegal in Texas and according to federal law.

Texas city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

Approximately 60 percent of Texas voters support the legalization of marijuana for recreational use in their state. In a more recent survey, a significant majority of Texans (especially young people) support legalizing weed, according to a February 2022 poll from the University of Texas at Austin and The Texas Tribune. However, Lieutenant Governor Dan Patrick has blocked a vote once again this year.


Low-dose THC cannabis may be prescribed to qualifying patients with the following medical conditions:
  • The patient is a permanent resident of Texas.

  • The patient is diagnosed with amyotrophic lateral sclerosis, autism, cancer, epilepsy, an incurable neurodegenerative disease, multiple sclerosis, post-traumatic stress disorder, seizure disorder, terminal cancer, or spasticity.

  • The qualified physician determines the risk of the medical use of low-THC cannabis by a patient is reasonable in light of the potential benefit.

  • Once approved, the medical cannabis card will be administered by the Texas Department of Public Health.

No. Due to a ruling in 2020, smokable hemp is banned in Texas.

No, Delta-8 is not legal in Texas.

Requirements are as follows: 

Be 18 years of age or older

You must be able to provide proof of your IL residency

You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.

You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.

Cannabis Policy Reform Timeline

1931: Possession of cannabis was banned statewide

2015: Long overdue, limited low-THC CBD oil medical use was legalized in Texas.

2018: The first sales of low-THC medical cannabis began statewide due to the passing of the Texas Compassionate Use Program; however, the medical cannabis program was minimal

2019: The medical marijuana program state law and its qualifying conditions were approved by the Texas legislature during the 2019 legislative session.

2021: House Bill 1535 was approved by the legislature, and Governor Abbott signed the bill into law. Greg Abbott and other state legislators feel This bill to expand the state’s low-THC medical cannabis program is long overdue.

Approved by the Texas legislature, the medical marijuana program will now include people with cancer and PTSD. It will also modestly increase the current 0.5% THC cap on medical cannabis to 1% for hemp products and marijuana products. According to the Associated Press, Texans have access to legal marijuana from the neighboring state NM, as well.

The National Organization for the Reform of Marijuana Laws announced the addition of Jax Finkel James to its national staff. Former executive director of Texas NORML, Ms. James will serve as the company’s State Policy Manager.


Updated 6.14.2022