Is Weed Legal in Texas?
No. Recreational marijuana is illegal in Texas at any amount, and a small bag can mean up to 180 days in jail. What changed in 2026 is hemp. Delta-8 and similar hemp THC products, legal to sell since 2019, became Schedule I drugs on July 31, 2026. Delta-9 hemp products with 0.3% THC or less are still legal for adults 21 and older.
Marijuana stays illegal, and most hemp THC now is too. Texas never legalized weed. Its hemp market shrank sharply in 2026.
Key facts
- Possessing 2 ounces of marijuana or less is a Class B misdemeanor.
- More than 4 ounces of marijuana is a felony.
- A THC vape or wax under 1 gram is already a state jail felony.
- Delta-8, delta-10 and THCP became Schedule I drugs on July 31, 2026.
- Delta-9 hemp at 0.3% THC or less is legal to buy at 21 with ID.
- Medical cannabis requires a prescription under the Compassionate Use Program.
This page explains the law. It is not legal advice. If you face a charge, a criminal defense lawyer can tell you how the law applies to you.
What THC Is Legal in Texas Now
You can still buy delta-9 hemp edibles and drinks at 21 with ID, but little else. The product must hold no more than 0.3% delta-9 THC. Delta-8, THCA flower and THC vapes are off the shelves by law, and smokable hemp survives only because of a court order.
Legal status of THC products in Texas, September 2026
Source: Texas Department of State Health Services; Health and Safety Code 481; HB 46; Texas Tribune, July 30, 2026
The Texas Tribune reported about 14,000 licensed hemp retailers before the July ban. DSHS says products labeled as delta-8, or holding more than trace amounts, may be detained and referred to law enforcement.
Marijuana and THC by Situation
Open the situation closest to yours. This is general information, not legal advice.
Texas marijuana and THC rules, by situation
Buying THC at a store
- You must be 21 or older and show a government ID.
- Buy only delta-9 hemp products labeled at 0.3% THC or less.
- Skip anything labeled delta-8, delta-10, THCP or THCA flower. Those are now controlled substances in Texas.
- Keep products in their labeled packaging.
DSHS age-21 rule since October 2, 2025; delta-8 scheduling since July 31, 2026.
I am a medical patient
- Ask your doctor whether your condition qualifies under the Compassionate Use Program.
- Find a registered doctor with the DPS physician search if yours is not registered.
- Your doctor enters the prescription in the state registry, called CURT.
- Pick it up at a licensed dispensing organization and bring your ID.
Texas Occupations Code 169 and Health and Safety Code 487, expanded by HB 46 in 2025.
I was arrested for possession
- Say you want a lawyer, and then stop talking about the case.
- Do not consent to a search of your car, phone or home.
- If you cannot afford a lawyer, ask the judge for a court-appointed one at your first hearing.
- Write down what happened as soon as you can: times, officers, what was said.
The charge depends on what you had and how much it weighed. A vape or edible is charged under Penalty Group 2, which is harsher than flower.
Traveling with cannabis
- Marijuana bought legally in another state is still illegal once you cross into Texas.
- Never drive high. Texas DWI law covers impairment by any drug.
- Marijuana is still illegal under federal law, including at airports and on federal land.
Health and Safety Code 481.121 applies to any marijuana in Texas, wherever it was bought. Marijuana is still Schedule I under federal law.
Possession Penalties in Texas
Texas punishes marijuana by weight, in 6 steps from a misdemeanor to life in prison. Up to 2 ounces is a Class B misdemeanor. Past 4 ounces, about 113 grams, it becomes a felony.
Marijuana possession penalties in Texas, by amount
Source: Texas Health and Safety Code 481.121; Texas Penal Code 12.21-12.35
The maximum sentence climbs steeply with each tier. The chart shows the longest term for each amount of marijuana flower, in years.
| Category | Value |
|---|---|
| 2 ounces or less | 0.5 |
| Over 2 up to 4 ounces | 1 |
| Over 4 ounces up to 5 pounds | 2 |
| Over 5 up to 50 pounds | 10 |
| Over 50 up to 2,000 pounds | 20 |
| Over 2,000 pounds | 99 |
Source: Texas Health and Safety Code 481.121; Texas Penal Code 12.21-12.35. The top tier also allows life in prison.
Vapes, wax and edibles are charged far more harshly than flower. Texas law puts THC other than plant marijuana in Penalty Group 2, which covers concentrates and, since July 2026, delta-8. Possessing any amount is a felony, and the weight counts the whole product, “including adulterants or dilutants,” not only the THC inside it.
THC vapes, wax, edibles and delta-8 (Penalty Group 2), by weight
Source: Texas Health and Safety Code 481.103 and 481.116; Texas Penal Code 12.32-12.35
- 113 g
- of marijuana flower before possession becomes a felony
- Under 1 g
- of a THC vape or wax is already a state jail felony
- 4 of 7
- THC product types on our list now illegal to sell in Texas
The Marijuana Policy Project, which supports legalization, counted more than 23,000 cannabis arrests in Texas in 2023. We did not find a Texas Department of Public Safety figure to check it against.
How the THC Ban Happened
Texas legalized hemp in 2019, and stores began selling THC made from it. In 2025 lawmakers passed a ban, the governor vetoed it, and two special sessions failed to pass another. The ban came in 2026 by a different route. The Texas Supreme Court let the state health agency list delta-8 as a Schedule I drug.
- Hemp legalized (HB 1325) Signed June 10, 2019. Hemp with no more than 0.3% delta-9 THC stops counting as marijuana, which opened the door to hemp THC stores.
- SB 3 ban vetoed The Legislature passed SB 3, which would have banned THC in hemp products. Governor Abbott vetoed it on June 22, 2025.
- Special sessions, no ban The Senate passed new bans on August 1 (SB 5) and August 19 (SB 6); neither passed the House.
- Age 21 by executive order Order GA-56 on September 10, 2025 told agencies to bar sales to anyone under 21 and check ID. DSHS rules took effect October 2.
- Supreme Court sides with DSHS On May 1, 2026, the Texas Supreme Court held the 2019 law did not legalize manufactured delta-8, lifting a 2021 injunction.
- Delta-8 becomes Schedule I DSHS scheduling took effect July 31, 2026. Delta-9 hemp at 0.3% or less stays legal for adults 21 and older.
- Federal hemp change due A narrower federal hemp definition, delayed to December 11, 2026, would outlaw most intoxicating hemp nationwide.
: 2019: Hemp legalized (HB 1325) (Signed June 10, 2019. Hemp with no more than 0.3% delta-9 THC stops counting as marijuana, which opened the door to hemp THC stores.). 2025: SB 3 ban vetoed (The Legislature passed SB 3, which would have banned THC in hemp products. Governor Abbott vetoed it on June 22, 2025.). 2025: Special sessions, no ban (The Senate passed new bans on August 1 (SB 5) and August 19 (SB 6); neither passed the House.). 2025: Age 21 by executive order (Order GA-56 on September 10, 2025 told agencies to bar sales to anyone under 21 and check ID. DSHS rules took effect October 2.). 2026: Supreme Court sides with DSHS (On May 1, 2026, the Texas Supreme Court held the 2019 law did not legalize manufactured delta-8, lifting a 2021 injunction.). 2026: Delta-8 becomes Schedule I (DSHS scheduling took effect July 31, 2026. Delta-9 hemp at 0.3% or less stays legal for adults 21 and older.). 2026: Federal hemp change due (A narrower federal hemp definition, delayed to December 11, 2026, would outlaw most intoxicating hemp nationwide.).
June 10, 2019: Governor Abbott signed HB 1325, which took hemp with no more than 0.3% delta-9 THC out of the definition of marijuana.
2021: DSHS listed delta-8 THC as a Schedule I drug. Retailers sued, and a trial court blocked enforcement for nearly five years.
June 22, 2025: Abbott vetoed SB 3, which would have banned THC in hemp products. The bill had passed the Senate on March 19 and the House on May 22.
August 2025: The Senate passed hemp bans again on August 1 (SB 5) and August 19 (SB 6). Neither passed the House.
September 10, 2025: Executive Order GA-56 told DSHS and the Texas Alcoholic Beverage Commission to bar sales to anyone under 21 and to require ID checks. Stores that fail can lose their licenses. DSHS’s age rule took effect October 2, 2025.
May 1, 2026: In DSHS v. Sky Marketing Corp., the Texas Supreme Court held that the 2019 law covers hemp compounds “as found in the plant,” not manufactured delta-8. It lifted the injunction. The court denied rehearing on June 5.
July 31, 2026: The DSHS scheduling took effect. Only naturally occurring trace amounts in a hemp plant are exempt, the agency says.
Medical Marijuana in Texas
Texas allows medical cannabis only in a narrow, low-THC form, by prescription. The Compassionate Use Program lets registered doctors prescribe low-THC cannabis for listed conditions, such as epilepsy, cancer, autism, multiple sclerosis and PTSD. Smoking it is not allowed.
HB 46, signed June 20, 2025 and in effect September 1, 2025, was the largest expansion since the program began:
- 3 to 15
- licensed dispensing organizations allowed statewide
- 1 gram
- THC cap per package, replacing the old 1% by weight limit
- 3
- groups of conditions added, including brain injury and Crohn's
- New conditions: traumatic brain injury; Crohn's disease or other inflammatory bowel disease; terminal illness, or care in hospice or palliative care.
- Inhaled doses: a doctor may prescribe a vapor or aerosol device when the patient’s condition makes it medically necessary.
- More dispensers: DPS had to license at least 9 new organizations by December 1, 2025 and 3 more by April 1, 2026. It could also approve satellite pickup sites across the state.
The Texas Department of Public Safety runs the program. The prescription lives in a state registry, and the dispensary checks it against the patient’s ID.
City Decriminalization in Court
Several Texas cities voted to stop arresting people for small amounts of marijuana, and the state has sued to stop them. Attorney General Ken Paxton sued San Marcos, Austin, Killeen, Elgin and Denton in 2024, and added Dallas in November 2024. In 2025, the Fifteenth Court of Appeals held, according to the Texas Standard, that the Austin and San Marcos ordinances conflict with state law and cannot be enforced.
Court status of Texas city marijuana ordinances
Source: Texas Standard, April 25, 2025; Texas Tribune, November 21, 2024; Marijuana Policy Project
Even where an ordinance stands, it binds only city police. County sheriffs, DPS troopers and district attorneys can still enforce state law. Our preemption explainer covers why Texas cities so often lose these fights.
Federal Law and Rescheduling
Marijuana is still a Schedule I drug under federal law, and the federal move to Schedule III is only partway done. On April 28, 2026, the Justice Department moved FDA-approved drug products containing marijuana to Schedule III. The DEA began a hearing on moving marijuana itself to Schedule III on June 29, 2026. As of September 28, 2026, we found no final rule on it in the Federal Register.
Rescheduling would not make recreational marijuana legal in Texas. State law, not federal law, sets the Texas penalties.
A second federal change could end most hemp THC nationwide. Congress narrowed the definition of hemp in the law that ended the fall 2025 shutdown. It counts total THC, including THCA, and caps finished products at 0.4 milligrams of THC per container. It was due November 12, 2026, and a funding law pushed it to December 11, 2026, according to the Cannabis Law Blog. Delta-9 gummies that are legal in Texas today could become illegal under federal law on that date.
Where Texas Marijuana and THC Laws Stand
Texas marijuana and THC laws, rulings and rules
As of September 28, 2026
- Recreational marijuana Law, illegal
Possession of any usable amount is a crime; 2 ounces or less is a Class B misdemeanor. (source)
- Delta-8 and similar THC Agency action, Schedule I
DSHS scheduling took effect July 31, 2026, after the Texas Supreme Court ruled for the agency on May 1. (source)
- Age 21 and ID checks for hemp THC Agency action
DSHS emergency rule in effect since October 2, 2025, under Executive Order GA-56; long-term rules since March 31, 2026. (source)
- Smokable hemp sales Blocked by a court, sale ban
Making smokable hemp in Texas is banned, but a lower court order lets stores keep selling it. (source)
- Compassionate Use expansion (HB 46) Law
In effect since September 1, 2025: new conditions, inhaled doses when medically necessary, up to 15 licensed dispensers. (source)
- City decriminalization ordinances In litigation, two struck down
The Fifteenth Court of Appeals held the Austin and San Marcos ordinances conflict with state law, the Texas Standard reported April 25, 2025. (source)
- Federal rescheduling of marijuana Proposal, Schedule III
FDA-approved marijuana drugs moved to Schedule III on April 28, 2026; a DEA hearing on marijuana itself began June 29, 2026. (source)
- Federal hemp definition change Paused, until December 11
Due November 12, 2026, then delayed to December 11, 2026 by the funding law signed September 2, 2026 (H.R. 6500), according to the Cannabis Law Blog. Some products may still change on November 12. (source)
Source: Texas Health and Safety Code; DSHS; Texas Legislature Online; Federal Register; Texas Standard; Cannabis Law Blog
The Honest Disagreement
Supporters of the ban say hemp THC became a loophole that put strong, untested products near children. Lieutenant Governor Dan Patrick said in a September 2025 statement, quoted by the Daily Texan, that “a ban is the only way to truly protect kids from accessing these products.” The Texas Supreme Court agreed with the health agency on the law. It wrote that the vendors “claim a mile” in reading the 2019 law to exempt all THC.
Opponents, including hemp retailers and their customers, say regulation would have worked better than a ban. After vetoing SB 3, Governor Abbott ordered age limits and ID checks instead, and called for a study of a regulated market like the one in House Bill 309. Todd Harris, who co-owns a hemp store, told the Daily Texan the state was scheduling products his store had used to help “75-year-old retired teachers.” Cynthia Cabrera, president of the Texas Hemp Business Council, said enforcement of earlier rules “has been somewhat spotty.”
The honest reading is that Texas made a choice about risk and freedom. It chose the ban through courts and an agency, not through a vote of the Legislature. Research on hemp THC products is thin, and neither side can yet point to Texas data on what the ban changes.
Common questions
Is weed legal in Texas in 2026?
No. Recreational marijuana is illegal in Texas at any amount, and possessing 2 ounces or less is a Class B misdemeanor with up to 180 days in jail. Adults 21 and older may buy hemp products with no more than 0.3% delta-9 THC, and patients with qualifying conditions may get low-THC cannabis by prescription.
Is THC banned in Texas now?
Partly. Since July 31, 2026, delta-8, delta-10 and THCP above trace natural amounts are Schedule I controlled substances in Texas, and the Texas Tribune reports THCA flower is covered too. Delta-9 hemp products with 0.3% THC or less are still legal to sell to adults 21 and older.
Did they veto the THC ban in Texas?
Yes. Governor Greg Abbott vetoed SB 3, the 2025 bill that would have banned THC in hemp products, on June 22, 2025. He then issued Executive Order GA-56, which set a minimum age of 21 and required ID checks. The later delta-8 ban came from a state health agency ruling that the Texas Supreme Court upheld, not from a new law.
Did SB 5 pass in Texas?
No. SB 5, a hemp THC ban filed in the first special session, passed the Texas Senate on August 1, 2025 but never passed the House. The Senate passed a similar bill, SB 6, on August 19, 2025 in the second special session, and it also died in the House.
Is delta-8 legal in Texas?
No, not since July 31, 2026. The Texas Department of State Health Services lists manufactured delta-8 THC as a Schedule I controlled substance after the Texas Supreme Court ruled on May 1, 2026 that the 2019 hemp law did not legalize it. Under state drug law, possessing THC other than marijuana is a felony at any amount.
Can you go to jail for smoking weed in Texas?
Yes. Possessing 2 ounces of marijuana or less can bring up to 180 days in jail and a $2,000 fine, and more than 4 ounces is a felony. A THC vape cartridge or wax is charged more harshly, as a felony even under 1 gram. Some cities tried to stop arrests for small amounts, but courts struck down the Austin and San Marcos ordinances.
Can you go to a dispensary in Texas?
Only with a prescription. Texas licenses a small number of dispensing organizations under the Compassionate Use Program, which fills low-THC cannabis prescriptions from registered doctors. Stores selling hemp THC are not dispensaries; they sell hemp products that must stay at 0.3% delta-9 THC or less.
Will THC be banned nationwide in 2026?
Most intoxicating hemp may be. Congress narrowed the federal definition of hemp to count total THC and cap finished products at 0.4 milligrams of THC per container. The change was due November 12, 2026 and has been delayed to December 11, 2026. Marijuana itself is still Schedule I federally, while the DEA holds a hearing on moving it to Schedule III.
What You Can Do
- Check the label before you buy. If it says delta-8, delta-10, THCP or THCA, it is a controlled substance in Texas now.
- If you are charged, get a lawyer before you plead. A vape or edible charge is a felony, and a conviction can follow you for years. Ask the court for an appointed lawyer if you cannot afford one.
- If you have a qualifying condition, ask your doctor about the Compassionate Use Program or find a registered doctor through DPS.
- Tell your state legislators what you think about the THC ban, medical cannabis and marijuana penalties. The Legislature next meets in January 2027. Our letter-writing guide shows how.
- Learn how drug arrests shape the justice system. Our mass incarceration explainer and civil asset forfeiture explainer cover what happens after an arrest.