Is Weed Legal in Texas? - Texas Marijuana Laws | Leafy Mate (2023)

Current Legality State

Medical Program Only

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Is Cannabis Legal In Texas?

Texas Qualifying Conditions

How to get a medical marijuana card in Texas​

Frequently Asked Questions​

  • Find Dispensaries
  • Connect With A Doctor

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.

Is Weed Legal in Texas? - Texas Marijuana Laws | Leafy Mate (1)

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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.

Find Texas Dispensaries Nearby

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.

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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.

Get a Texas Medical Marijuana Card

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.

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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.

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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

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Is medical weed legal in Texas now 2022? ›

Yes, medical marijuana is legal in Texas but controlled under strict conditions. If you have a qualifying medical condition, you may be eligible to get medical marijuana.

Is delta-8 weed legal in Texas? ›

Is delta-8 legal in Texas? Delta-8 THC is currently legal in Texas after Travis County judge temporarily blocked the state from classifying it as a controlled substance. Under state law, hemp-derived delta-8 THC with less than 0.3% THC is legal to buy and sell.

What states Is weed legal in 2022? ›

As of July 2022, 38 states have legalized the medical use of cannabis to varying degrees, according to the National Organization for the Reform of Marijuana Laws: Alaska, Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, ...

Is medical weed legal in Texas now? ›

Texas's Compassionate-Use Program

In 2015, Texas passed the Compassionate-Use Act, which allowed the first legal use of low-THC cannabis products in the state for patients with intractable epilepsy. It was expanded in 2019 and 2021 to include other conditions.

Can you go to jail for delta-8 Texas? ›

If a judge has an issued an order that restricts the use of any cannabinoids, then yes, you could be arrested and prosecuted for consuming Delta-8. This is most often the case if you have been released on bond or are on probation.

What is stronger delta-9 or delta-8? ›

Delta-9 tetrahydrocannabinol is more potent than delta-8 and accounts for most of the THC that occurs naturally in the cannabis plant, which makes it easy to extract, explaining why it's more commonly smoked. Delta-8-THC, however, is about half as potent.

How many states have decriminalized weed? ›

Decriminalization. Twenty-seven states and the District of Columbia have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest misdemeanor with no possibility of jail time).

Can you smoke delta-8 in your car? ›

Signs that cannabis has been consumed in the vehicle can be grounds for arrest. It is illegal and unsafe to drive while under the influence of cannabis, including Delta-8-THC. Doing so can result in a DUI. An "open container" generally refers to any container that has had its original seal broken.

Can I order delta-8 online legally in Texas? ›

Delta-8 remains legal in Texas as an ongoing lawsuit against DSHS determines whether the agency can outlaw delta-8. A district court judge ruled DSHS didn't follow Texas' rule-making requirements when it listed delta-8 as an illegal drug and therefore can't enforce the order making the drug illegal.

Can you smoke CBD while driving in Texas? ›

CBD should not be confused with tetrahydrocannabinol (THC), an active ingredient in marijuana, which is still illegal in Texas except for medical use in specific cases. It is legal to drive after having consumed CBD products because it should not impair your driving ability.

What is HHC drug? ›

What Is HHC? HHC is a hemp-derived cannabinoid similar to delta 9 THC. Users say hexahydrocannabinol products make them feel ready to go and that they produce a less-conspicuous high than ordinary THC. Chemically, HHC is the same as THC, minus the presence of a single, double bond in the chemical structure.

Which Delta is the strongest? ›

Delta 8 THC is the stronger of the two. Users report a relaxed and sleepy feeling, which makes this cannabinoid great for use in the evenings. Delta 10 THC, on the other hand, is more like a Sativa strain of marijuana.

When did weed become illegal? ›

The first national regulation was the Marihuana Tax Act of 1937. Cannabis was officially outlawed for any use (medical included) with the passage of the 1970 Controlled Substances Act (CSA). Multiple efforts to reschedule cannabis under the CSA have failed, and the U.S. Supreme Court ruled in United States v.

Is weed legal in Jamaica? ›

Contrary to popular belief, it's illegal to smoke marijuana ('ganja') in Jamaica. There are penalties for all drug offences, including those involving ganja. Every year many British nationals are arrested for attempting to traffic ganja and other drugs.

Is weed legal in New York? ›

Marijuana possession and consumption is legal in New York state for adults 21 and over and has been for almost a year.

Is weed legal in the US 2022? ›

The year 2022 began with several United States cannabis reform proposals pre-filed in 2021 for the upcoming year's legislative session.
List of 2022 United States cannabis reform proposals
Legality of cannabis in the United States (2022)
StatusLegal for recreational use Legal for medical use Illegal
1 more row

What states are next to legalize recreational weed? ›

What states have legalized recreational marijuana?
  • Connecticut: Legalized in 2021.
  • New Mexico: Legalized in 2021.
  • New York: Legalized in 2021.
  • Virginia: Legalized in 2021.
  • Arizona: Legalized in 2020.
  • Montana: Legalized in 2020.
  • New Jersey: Legalized in 2020.
  • Vermont: Legalized in 2020.
Apr 20, 2022

Will Florida ever legalize weed? ›

The Florida Marijuana Legalization Initiative (#16-02) is not on the ballot in Florida as an initiated constitutional amendment on November 8, 2022.
Florida Marijuana Legalization Initiative (2022)
Florida Marijuana Legalization Initiative
Type Constitutional amendmentOrigin Citizens
5 more rows

Are drugs legal in Hawaii? ›

Hawaii on Tuesday decriminalized marijuana, making it the 26th state to decriminalize or legalize the drug. The new law removes the possibility of jail time as a penalty for up to three grams of marijuana, but maintains a $130 fine.

Is weed legal in Jamaica? ›

Contrary to popular belief, it's illegal to smoke marijuana ('ganja') in Jamaica. There are penalties for all drug offences, including those involving ganja. Every year many British nationals are arrested for attempting to traffic ganja and other drugs.

Is weed legal in Mexico? ›

Legal Weed in Mexico – The Proposed Legislation

The legislation also grants users the permit to possess up to 28 grams and grow up to six plants at home or eight if there are two consumers of legal age living at the same residence.

Is weed legal in Hawaii? ›

Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.


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