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What Forms of Marijuana are Legal in Texas?

When it comes to the Lone Star State, the legal status of marijuana is a patchwork of regulations that often leaves residents puzzled. With a history of strict laws, Texas has taken careful steps in legalizing certain forms of cannabis, mainly for medical use, and remains stringent on recreational usage. This guide sheds light on what's allowed, what's not, and everything in between.

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Table of Contents:

Legal Distinction Between Marijuana and Hemp in Texas

In the landscape of Texas law, understanding the legal distinction between marijuana and hemp is crucial. Both marijuana and hemp are derived from the same species of the cannabis plant, but the key differentiator is the concentration of THC—the component that causes the 'high' sensation. Texas law aligns with the federal legal framework set forth by the 2018 Farm Bill, which differentiates hemp from marijuana based on their THC levels. If the cannabis plant contains THC levels at or below 0.3%, it is legally classified as hemp. Conversely, if the THC concentration exceeds 0.3%, the plant is considered marijuana, which remains illegal under Texas state law for recreational use​​​​​​.

Cannabidiol (CBD), a nonpsychoactive compound from the cannabis plant, is legal in Texas, provided it contains THC levels below 0.3%. This distinction has allowed for the sale of CBD products across the state, which some claim can help alleviate conditions like anxiety, depression, and insomnia. However, it's worth noting that the FDA has approved only one CBD treatment to date and has not evaluated many claims about CBD's health benefits​​.

Another interesting aspect of Texas cannabis law is the status of delta-8 THC. Naturally produced by cannabis plants in small amounts, delta-8 has psychoactive properties. Its legality in Texas has been a gray area; although a district court judge ruled that the state health department could not enforce a ban on delta-8 due to procedural issues, the matter is still under litigation. As of now, delta-8 products remain legal in Texas, but this could change pending the outcome of ongoing legal proceedings​​​​.

When considering the usage of cannabis-derived products, the Texas Medical Association urges caution and more comprehensive study to ascertain their safety and efficacy. The Mayo Clinic suggests that medical marijuana and certain CBD products can be safe and may treat symptoms of specific diseases, but warns against potential interactions with other medications and the unregulated nature of many cannabis-derived products​​.

Key Takeaway: Despite sharing similarities, marijuana and hemp are legally distinct in Texas based on THC content. Hemp and CBD products with less than 0.3% THC are legal, while marijuana remains illegal for recreational use. The legality of delta-8 THC products currently exists in a legal gray zone but is allowed for sale at the moment.

For more detailed insights into how these laws impact access to medical marijuana, one can refer to the list of qualifying conditions for a medical marijuana card.

To understand the implications of these distinctions and for guidance on navigating the complex terrain of medical cannabis in Texas, please visit this comprehensive page: Legal Distinction Between Marijuana and Hemp in Texas.

Current Legal Status of Medical Cannabis in Texas

The current legal status of medical cannabis in Texas is tightly regulated under the state's Compassionate Use Program (CUP). This program, overseen by the Texas Department of Public Safety (DPS), allows eligible Texans with certain medical conditions to access low-THC cannabis​​​​.

Low-THC cannabis is defined as products derived from the Cannabis Sativa L. plant that contain no more than 0.5% by weight of THC. Such cannabis is legal for medical use but is restricted to forms that can be swallowed, not smoked. The list of qualifying medical conditions is specific and includes epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and incurable neurodegenerative diseases​​.

To obtain a prescription, patients must be permanent residents of Texas and have a qualifying medical condition. There is no age limit for receiving a prescription, but minors may require a legal guardian. The prescribing physician must be registered with the CUP and determine that the benefits of low-THC cannabis outweigh the risks for the patient. Prescriptions are entered into the Compassionate Use Registry of Texas (CURT), which dispensaries then use to verify patient information before dispensing the medication​​​​.

Physician qualifications for prescribing low-THC cannabis are detailed in Senate Bill 339. The CURT system is instrumental in maintaining the registry of prescriptions and ensuring that only qualified patients receive medical cannabis​​.

Key Takeaway: Access to medical cannabis in Texas is possible for patients with specific conditions through a tightly controlled program that limits the THC content and the forms in which cannabis can be consumed.

For more details on how to apply for medical cannabis under Texas law, consider checking the guide on how to get a marijuana card. Moreover, for an in-depth look at the legal nuances of medical cannabis in the state, the Current Legal Status of Medical Cannabis in Texas provides additional clarity.

Legal Ambiguity of Delta-8 THC in Texas

Delta-8 THC is a psychoactive compound that's become popular due to its ability to produce effects similar to traditional marijuana. While it occurs naturally in cannabis plants in small amounts, when concentrated, delta-8 THC can be potent. This has led to its popularity, especially where traditional marijuana is illegal​​.

The legal status of delta-8 in Texas is currently in limbo. It began being sold under the assumption that its low THC concentration made it a legal hemp derivative as per House Bill 1325. However, in 2021, the Texas Department of State Health Services (DSHS) sought to classify delta-8 as an illegal substance. This action was contested in court, and as a result, delta-8 remains legally ambiguous in Texas pending ongoing litigation. A judge has ruled that the DSHS could not enforce a ban on delta-8 for not following proper rule-making procedures​​.

There are also health concerns associated with delta-8 products, particularly those not approved by the FDA, which may contain contaminants or higher levels of THC than allowed by law. The CDC has reported increased health emergencies related to delta-8, including cases involving children inadvertently consuming the substance due to its candy-like form​​.

Key Takeaway: The legality of delta-8 THC in Texas is unclear due to ongoing legal challenges and health concerns, making its future uncertain in the state.

For further reading on the nuances of medical marijuana laws and the use of compounds like delta-8, check the state-by-state guide to medical marijuana cards. To understand more about delta-8 THC and its current legal status, see the detailed exploration here: Legal Ambiguity of Delta-8 THC in Texas.

Penalties for Marijuana Possession and Concentrates in Texas

In Texas, penalties for marijuana possession and concentrates are determined by the amount held. For marijuana possession, having 2 ounces or less is a misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. The penalties escalate with the amount, with possession of more than 2000 lbs being a felony that could result in 5 to 99 years in jail and a $50,000 fine​​.

For concentrates and hash, the stakes are higher. Possession of less than 1 gram is a felony, with potential jail time of 180 days to 2 years and a fine of up to $10,000. Possessing more than 400 grams can lead to 10 years to life in prison and up to a $50,000 fine​​.

Paraphernalia possession is typically a misdemeanor with a fine, but selling it, especially after a first offense, can lead to felony charges with substantial jail time and fines, particularly if sold to a minor​​.

Key Takeaway: The penalties for marijuana possession and concentrates in Texas can be severe and scale with the amount possessed, with especially stringent consequences for concentrates and paraphernalia sales to minors.

For a detailed breakdown of the penalties and for assistance if you're facing such charges, visit Texas Laws and Penalties. If you're considering medical marijuana and want to stay within the legal parameters, you can find out more about the qualifying conditions for a medical card here.


What forms of marijuana are legal in Texas? Yes, but only low-THC cannabis products for medical use under the Texas Compassionate Use Act. Texans with qualifying medical conditions can access cannabis oil with less than 0.5% THC by weight. Recreational marijuana remains illegal.

Can CBD products be legally purchased in Texas? Yes, CBD oil and products with a THC concentration of less than 0.3% are legal to purchase in Texas following the Farm Bill and state legislature adjustments.

Are there any legal protections for medical cannabis users in Texas? Yes, qualified patients registered under the Compassionate Use Registry of Texas are legally protected when purchasing and using low-THC cannabis for medical purposes.

What are the consequences of marijuana possession in Texas? Possession of marijuana is illegal and can result in criminal charges, ranging from a class B misdemeanor to felony charges, depending on the amount possessed.

Is it legal to grow hemp plants in Texas? Yes, following the Farm Bill, Texas allows the cultivation of hemp products for commercial purposes, with a THC concentration cap of not more than 0.3%.

Does Texas recognize medical marijuana cards from other states? No, Texas does not have a reciprocity agreement with other states for medical marijuana cards. Only Texas residents with a valid prescription can access medical cannabis.

Are delta-8 products legal in Texas? Delta-8's legality is ambiguous. It remains legal for now due to a court ruling, but this could change pending ongoing legal decisions.

Can a Texas resident use medical cannabis for chronic pain? Yes, if chronic pain is associated with a qualifying medical condition under the Texas Compassionate Use Program, a patient may be prescribed low-THC cannabis.

What is the role of the Texas Department of Public Safety regarding cannabis? The Texas DPS administers the Compassionate Use Registry of Texas and oversees the prescription of low-THC cannabis products for medical use.

How much cannabis oil can a patient possess in Texas? Patients can possess cannabis oil with low-THC content as prescribed by a qualified physician, registered in the Compassionate Use Registry of Texas.

Are there any marijuana legalization efforts underway in Texas? While there have been legislative sessions discussing marijuana laws, including decriminalization and medical expansion, full legalization of recreational cannabis has not occurred.

What medical conditions qualify for medical cannabis use in Texas? Conditions such as epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, and some neurodegenerative diseases qualify.

What are the Texas state laws regarding cannabis use for first-time offenders? First-time offenders caught with small amounts of marijuana may face lighter civil penalties, like fines, but still risk a class B misdemeanor record.

Can a police officer in Texas arrest someone for possession of CBD oil? No, if the CBD oil contains less than 0.3% THC, it is legal and should not result in an arrest.

What are the penalties for selling cannabis paraphernalia in Texas? Selling paraphernalia is illegal and can result in misdemeanor or felony charges, with fines and potential jail time, especially if sold to minors.

How can one get a medical marijuana card in Texas? Patients with qualifying conditions must get a prescription from a CUP-registered physician, who will then enter it into the Compassionate Use Registry of Texas.

What is the current stance of Texas health authorities on recreational cannabis use? Texas health authorities uphold the state law that prohibits recreational use of cannabis, emphasizing legal compliance and public safety.

Has the Austin City Council taken any measures regarding marijuana laws? The Austin City Council has taken steps towards decriminalization within the city, reducing penalties for low-level marijuana possession.

What is the maximum THC level allowed in medical cannabis in Texas? The maximum THC level allowed in medical cannabis products in Texas is 0.5% by weight.

Do legal guardians need to be involved in the medical cannabis process for minors in Texas? Yes, minors need a legal guardian to receive a prescription for medical cannabis and to handle the dispensary process.

Can Texas residents possess marijuana for personal use? No, personal use possession of marijuana is illegal and can lead to jail time and fines in Texas.

Is recreational marijuana on the ballot for legalization in Texas? As of now, recreational marijuana has not been legalized, and there are no immediate ballot measures for its legalization.

What are the legal consequences for a felony charge of marijuana possession in Texas? A felony charge for marijuana possession can result in significant jail time, ranging from 180 days to 99 years, and fines up to $50,000, depending on the amount.

Does the Texas state legislature have plans for a new law on recreational cannabis? There have been discussions and proposals, but no new law legalizing recreational cannabis has been passed by the Texas legislature.

What are the civil penalties for first-time marijuana use in Texas? First-time offenders may face civil penalties such as fines but could still be charged with a misdemeanor depending on the quantity.

How does Texas law address medical marijuana use for terminal cancer patients? Texas law permits low-THC cannabis products for terminal cancer patients under the Compassionate Use Act, with a prescription from a registered physician.

What are the current laws for the possession of cannabis in Texas? Current laws stipulate that possession of cannabis is illegal and penalized based on the amount in possession.

Does the Texas House of Representatives support marijuana legalization? Some members of the Texas House of Representatives support marijuana reform, but comprehensive legalization has not been achieved.

Are drug tests for marijuana use required by Texas state law? Texas state law does not universally require drug tests for marijuana use, but employers and certain state agencies may have their own testing policies.

Who qualifies for medical marijuana under the Texas Compassionate Use Program? Qualified patients include those with conditions such as epilepsy, multiple sclerosis, and terminal cancer.

What forms of low-THC cannabis products are available in Texas? Low-THC cannabis products available in Texas include oils, tinctures, and lozenges for swallowing, not smoking.

Can marijuana-related offenses in Texas result in criminal records? Yes, marijuana-related offenses can lead to a criminal record, affecting various aspects of an individual's life, including employment.

Are hemp-derived products containing THC above the legal limit considered marijuana in Texas? Yes, hemp-derived products with THC levels above 0.3% are classified as marijuana and subject to Texas's marijuana laws.

Can marijuana plants be legally grown at home in Texas for medical use? No, home cultivation of marijuana plants, even for medical use, is illegal in Texas.

What happens if a legal guardian is not present for a minor's medical marijuana purchase in Texas? A minor cannot legally purchase medical marijuana without the presence of a legal guardian in Texas.

How can one apply for a medical marijuana card in Texas? To apply for a medical marijuana card, a patient must get a prescription from a CUP-registered physician, who will enter it into the Compassionate Use Registry.

Is the use of marijuana for medicinal purposes widely accepted by law enforcement agencies in Texas? While the medicinal use of low-THC cannabis is legal, the acceptance levels among law enforcement agencies vary across the state.

What is the stance of Governor Greg Abbott on marijuana use? Governor Greg Abbott has historically opposed the legalization of recreational marijuana but supported limited medical use under strict regulations.

Can small amounts of marijuana lead to jail time in Texas? Yes, even small amounts of marijuana can result in jail time, especially if it exceeds the threshold for personal use.

How can Texas residents with qualifying medical conditions get low-THC products? Residents must obtain a prescription from a CUP-registered physician and can then purchase low-THC products from licensed dispensaries.


Wrapping up, the journey through Texas's marijuana laws reveals a state still in the midst of defining its stance on cannabis use, particularly medical marijuana. While navigating these laws can be a maze, assistance is at hand. ARCannabisClinic, a leading national network of marijuana doctors, stands out in helping patients secure a medical marijuana card. With their MMJ Therapy Visit, patients receive a tailored treatment plan, complete with strain recommendations and dosing guidelines. As pioneers in comprehensive diagnosis evaluations, including for PTSD and anxiety, ARCannabisClinic paves the way for those seeking alternative treatments through medical cannabis.

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