Legal status of marijuana in the state of texas

Legal status of marijuana in the state of texas
Luke Sumpter

Find out about the legal status of medical and recreational marijuana in the state of Texas. Is marijuana illegal? Better safe than sorry!


Texas has a medical marijuana program since 2015, allowing the use of CBD oil with a lower THC percentage than 0,5% and a higher CBD percentage than 10%.

Although this sounds like better than nothing, medical marijuana patients have no means to the product thus far as the government is still working on setting up dispensaries in the state.

Another problem with the current law is that a patient can only get access with a prescription from a licensed physician, but a physician could loose his or her license for writing a prescription for any form of marijuana.

The only qualifying condition to become a medical marijuana patient in Texas is:

  • Intractable epilepsy


The cultivation, sale, and possession of cannabis for recreational purposes are highly illegal in Texas.

Texas has a no tolerance policy and possession of any amount under 2 oz (56 grams) will be treated as a Class B misdemeanor and could land you in jail for up to 180 days and get you a fine of up to $2,000.

Getting caught with 2-4 oz will be treated as a Class A misdemeanor and can land you in jail for up to a year and get you a fine of up to $4,000.

More than 4 oz is considered a felony with penalties starting at a minimum of 180 days in jail.

We are not aware of any possible law changes in the (near) future in Texas regarding medical and/or recreational cannabis.

Luke Sumpter
Luke Sumpter

Luke has worked as a cannabis journalist and health science researcher for the past seven years. Over this time, he’s developed an advanced understanding of endocannabinoid system science, cannabis phytochemistry, and cultivation techniques.