Cannabis legalization is spreading. Individual state laws vary, with regulations and purchase restrictions running the gamut. Hemp-based products have also proliferated, especially in southern states. This has led many to wonder, “Is weed legal in Texas?”
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The second largest state, both by land area and population, Texas has become one of the biggest markets for hemp-derived cannabinoids like delta-9 and THCA. Several major cities have decriminalized marijuana, and a restricted medical program is going strong.
This amalgamation of weed laws can be confusing for consumers. If you’re looking for everything you need to know about cannabis in the Lone Star State, this GreenState guide has you covered.
Is weed legal in Texas?
Medical marijuana is legal in Texas under the Compassionate Use Act. Hemp-derived cannabinoids are also permitted and available in a variety of hemp dispensaries, liquor stores, and restaurants throughout the state.
Recreational marijuana remains outlawed in Texas. However, several cities and counties have enacted their own versions of decriminalization, including Austin, Houston, and El Paso. Voters in Dallas will consider a decrim measure during the November election. While some of these local marijuana laws have been challenged in court, advocates continue to press on to free the plant.
Penalties for marijuana possession charge in Texas
Under Texas law, People caught with up to two ounces of marijuana could be charged with a Class B misdemeanor and subjected to up to $2000 in fines and up to 180 days imprisonment. Possessing between two and four ounces is also a misdemeanor, but the penalty is harsher: fines could reach up to $4,000 and up to a year in jail. Getting caught with more than four ounces could result in a felony conviction.
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Penalties for concentrate possession are far more severe. Having less than a gram of marijuana extract in Texas is a felony; a conviction results in fines of up to $10,000 and two years in jail.
Compassionate use aka medical marijuana in Texas
Lawmakers in Texas enacted the Compassionate Use Act in 2015. The law allows for certain individuals with qualifying conditions to be prescribed “low-THC cannabis,” including tinctures, edibles, and topicals (no flower or other inhalables are permitted). These products typically contain higher amounts of CBD; THC concentrations must be one percent or less.
There are currently three approved “dispensing organizations” in Texas: Fluent, Texas Original, and Goodblend. Fluent only has one location in Schulenburg, right between San Antonio and Houston; the other two are scattered across the state. The Texas Department of Public Safety oversees the medical program, offering resources for patients and physicians.
Qualifying conditions for Texas medical cannabis
To be certified as a patient in the Compassionate Use Program, you must be a permanent resident of Texas. You must also be diagnosed with one of the following qualifying conditions:
- epilepsy
- a seizure disorder
- multiple sclerosis
- spasticity
- amyotrophic lateral sclerosis (ALS)
- autism
- cancer
- post-traumatic stress disorder
- an incurable neurodegenerative disease
If a potential patient meets these two requirements, a prescribing physician must then determine whether “the risk of the medical use of low-THC cannabis by a patient is reasonable in light of the potential benefit.”
Texas hemp market makes strides
While the Texas medical cannabis market may be somewhat limited, the hemp market is reaching a fever pitch. An analysis earlier this year estimated there are roughly 7,000 registered hemp dispensaries throughout the Lone Star State.
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Hemp stores like The Healing Clinic and Restart offer a wide range of products, including THCA flower, CBD vapes, and infused edibles. Even Texas grocery stores have started stocking delta-9 THC drinks. All of the products are legal on the federal thanks to the 2018 Farm Bill. As long as they’re less than 0.3 percent THC by dry weight, they’re good to go.
The widespread access to hemp products in Texas has seen business boom, with more than 50,000 residents employed in the industry. The expansion has also likely been welcomed by consumers who may not qualify for the Compassionate Use Program or need higher doses of THC for relief.
Is weed legal in Texas? It’s complicated
While recreational cannabis is illegal in Texas, it’s not difficult to get compliant weed products. From low-THC medical-grade oil to federally compliant hemp, consumers have plenty of options. However, it’s important to know the rules in case law enforcement ever has questions.
Texas lawmakers are not currently considering expanding marijuana reform, but that doesn’t mean it won’t happen someday. With major cities like Dallas mulling decriminalization and federal reform in the distance, the Lone Star State may see legal weed before we know it.
