Is weed legal in Texas?
No, recreational cannabis is currently illegal in the Lone Star State. However, a limited medical marijuana program makes low-THC (less than 1% by weight of THC) cannabis available to medical marijuana patients.
Quick facts: Texas marijuana laws
Medical program limits
Medical marijuana possession limits are set by the patient's physician and specified in the prescription. Texas law prohibits smoking flower for everyone, including marijuana patients, so possession of any amount of cannabis flower is illegal.
Home cultivation
Growing marijuana at home is illegal in Texas.
Local decriminalization initiatives
City by city, voters in Texas are working to decriminalize the possession of small amounts of cannabis despite it being illegal at the state level.
Delta-8 legal status
After the Texas Department of Health & Human Services (DSHS) classified Delta-8 as a Schedule I controlled substance in October 2021, a group of hemp businesses filed a lawsuit against the DSHS, claiming it made Delta-8 illegal without following proper procedures.
In November 2021, a temporary injunction removed Delta-8 from the list of controlled substances.
As of February 2025, the lawsuit is pending at the Texas Supreme Court.
Delta-9 legal status
Delta-9 THC is illegal for recreational use in Texas but is accessible through the Texas Compassionate Use Program (CUP), which allows for the medical use of low-THC cannabis (less than 0.3% Delta-9 by weight).
Medical marijuana in Texas
Compassionate Use Program
The Texas Compassionate Use Program (CUP) oversees the licensing and registration of dispensaries that provide low-THC cannabis products to qualified medical marijuana patients and the registration process for patients. The CUP also operates the Compassionate Use Registry of Texas (CURT), a secure online registry of qualified physicians who can prescribe low-THC products (less than 1% of THC by weight) to patients with specific medical conditions.
Patient requirements
To qualify for a Texas marijuana prescription, you must:
- Be a permanent Texas resident
- Have a qualifying medical condition
- Be prescribed medical marijuana by a CUP-registered physician who decides the benefit outweighs the risk
There is no age requirement for a medical marijuana prescription. If you're under 18, you may need a parent's or legal guardian's consent to receive and fill a prescription.
Prescription vs. recommendation
While a physician can recommend medical marijuana for you, they need to register you in the CURT for you to obtain a prescription.
Patients and caregivers
Medical marijuana patients under 18 in Texas don't need an official caregiver, but they may need a parent or guardian to help get their prescription. If patients need help getting or using medical cannabis, their legal guardian can fill and give them their prescription, as long as the doctor adds the guardian's ID to the patient's file in the CURT system.
How to register
Texas does not require patients to register for a medical marijuana prescription, and patients do not get a medical marijuana card. Texas also does not require patients in the CUP to register elsewhere with the state or pay a fee to participate.
The physician will record the patient's prescription and information electronically in the CURT system. Patients must get a prescription from a qualified physician registered with the CUP. All Texas-licensed dispensaries must use CURT to access and fill prescriptions.
Patients (or their legal guardians) can pick up the prescription order from any licensed dispensary. They must show identification and provide their name, date of birth, and the last five digits of their social security number to obtain a prescription and proof of identification to pick up a prescription.
Qualifying conditions
The CUP reserves medical cannabis access for patients with the following qualifying conditions:
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- Epilepsy
- Multiple sclerosis (MS)
- Post-traumatic stress disorder (PTSD)
- A seizure disorder
- Spasticity
- An incurable neurodegenerative disease
- A medical condition for which the patient is currently being treated under an approved research program
Insurance coverage
Medical marijuana is not covered by insurance in Texas because it is still illegal under federal law, which classifies cannabis as a Schedule I drug.
What product forms are allowed?
Medical patients can consume low-THC cannabis in any way except by smoking and vaping, which means flower and vapes are illegal and not available at licensed dispensaries.
Qualifying patients can use:
- Tinctures
- Lozenges
- Topicals
- Edibles
- Drinks
Reciprocity
Texas does not have medical marijuana reciprocity with any other state. This means that if you have a medical marijuana card or prescription from another state, it won't be recognized in Texas.
If you're a Texas resident and want to purchase medical marijuana in another state, the state you're visiting also has to recognize your qualifying condition and verify your prescription and identity.
But remember, any state and/or dispensary can choose not to sell you medical marijuana, so it's best to do your research and confirm ahead of time.
Vehicle and transport rules
Medical marijuana patients can bring their prescription cannabis wherever they go in the state of Texas, including transporting it in their car. Just be sure to carry a copy of your medical marijuana prescription whenever you travel.
Employment protection
While Texas law allows employees to use medical marijuana if they have a qualifying medical condition, employers can defer to federal prohibition laws against marijuana use to justify a marijuana-free workplace.
State law does not protect qualifying patients who treat their conditions with medical marijuana. This means employers are free to screen for marijuana, refuse to hire medical marijuana patients, and fire employees who test positive for marijuana as they see fit.
Cannabis purchase and consumption in Texas
Where is it legal to buy weed in Texas?
Medical marijuana is available in Texas to qualifying patients with medical marijuana prescriptions through licensed medical dispensaries.
Licensing
The Texas Department of Public Safety (DPS) administers the Compassionate Use Program (CUP) in Texas under the authority of the Texas Health and Safety Code, Chapter 487. DPS also manages the licensing of dispensaries that sell low-THC cannabis to patients in the Cannabis Use Registry of Texas (CURT).
The DPS website provides application information and instructions, facility requirements, statutes and rules, and forms for licensed medical marijuana dispensaries.
Product restrictions
While only low-THC cannabis is legal for medical use, Texas legalized hemp and CBD products in 2019 (HB 1325). Businesses can sell CBD products in Texas as long as the THC concentration is below 0.3%. The Texas Department of Agriculture opened the hemp licensing and permit application process online on March 16, 2020.
All CBD products must comply with manufacturing, labeling, and sales regulations. Like smoking flower and vaping, the manufacturing or processing of consumable hemp products intended for smoking is banned in Texas.
If products are legally produced and manufactured in another state, their sale may be allowed in Texas.
Where can I consume marijuana in Texas?
While smoking flower and vaping are illegal everywhere, Texas law does not mention any restrictions on where a qualified medical marijuana patient can legally possess or consume medical cannabis in consumable forms like drinks, edibles, topicals, tinctures, and lozenges.
Consuming cannabis, even if it's prescribed, before or while driving a car is illegal. Passengers in the car can't consume weed, either.
Legal history
While Texas has some of the strictest cannabis laws in the U.S., the state continues to make progress in becoming more open to cannabis, mainly through the expansion of its medical cannabis program and growing local decriminalization efforts in major cities.
2015: Texas legalizes medical cannabis
- Texas Legislature passes Texas Compassionate Use Act, legalizing low-THC (less than 0.5% of THC by weight) cannabis to qualifying patients
- The act specifically prohibits ingesting any cannabis by smoking or vaping
2019: House passes numerous cannabis-related bills
- House Bill 1325 passes, legalizing hemp and the possession and sale of hemp products without the need for a doctor's approval
- Delta-8 becomes legal when produced from legally cultivated hemp
- House Bill 3703 adds qualifying conditions to the CUP, previously limited to epilepsy
2021: Medical program expands
- House Bill 1535 passes, raising the THC limit from 0.5% to 1%
- Bill expands coverage to all forms of cancer and PTSD
- DSHS classifies Delta-8 as a Schedule I controlled substance, and temporary injunction issued
The regulation and enforcement of cannabis laws are shaped by state and local authorities, with state laws establishing the criminalization of cannabis and local governments having some discretion in how those laws are applied and enforced within their communities.
Future of cannabis in Texas
Proposed legislation
Several bills were filed between November 2024 and February 2025 that would drastically change the cannabis space in Texas. However, the leader of the Texas State Senate, Lt. Gov. Dan Patrick, has vowed to ban THC in Texas, referencing 2025 Senate Bill 3, which would ban all forms of THC in the state if it passes.
Adult-use cannabis (Texas Cannabis Legalization Act, House Bill 1208)
- Legalizes and regulates adult-use cannabis for adults 21 and older
- Taxes adult-use cannabis at 10%
- Potentially expunges criminal records for individuals previously convicted of low-level cannabis offenses
- Allows adults 21 and older to possess up to 2.5 ounces of cannabis
- Allows adults 21 and older to possess up to 10 ounces at home
- Smoking and vaping in cannabis would remain illegal
Medical marijuana program expansion (House Bill 1146)
- Expands the CUP's qualifying conditions to include mental health illness, chronic pain, and “debilitating medical conditions” approved by the DSHS
Employee drug testing (House Bill 1797)
- Protects government workers from being tested for cannabis as a condition of employment
- Bars state agencies from prohibiting the use of consumable hemp products that are legal in Texas
- Bars state agencies or political subdivisions from prohibiting employees or contractors from obtaining a prescription for or using low-THC cannabis under the CUP
Delta-8 Supreme Court case
After the passage of the 2018 Farm Bill, which legalized hemp and its derivatives (with less than 0.3% Delta-9 THC), Delta-8 THC began to emerge as a legal alternative to marijuana. However, its legal status in various states, including Texas, remains unclear.
In 2021, the Texas Court of Appeals ruled that Delta-8 THC derived from hemp was legal under the Texas definition of “hemp” (which mirrors federal law). The decision allowed Delta-8 products to be sold in the state.
In 2022, the Texas Supreme Court agreed to review the case, aiming to provide a final legal decision on the status of Delta-8 THC in the state — whether it should be considered a legal hemp derivative and legally sold in Texas or treated as a controlled substance similar to Delta-9 THC and subject to state drug laws.
In early 2024, the Texas Supreme Court heard arguments related to the case but has not yet issued a final ruling, and the timeline for a decision is still pending as of February 2025.
Texas cannabis product safety and testing
Currently, no Texas law requires medical cannabis to be lab-tested. However, licensed dispensaries are required to test cannabis products for the levels of the following:
- Pesticides
- Heavy metals
- THC and CBD
- Fungicides
- Mold
- Residual solvents
- Fertilizers
Out-of-state visitors
Traveling to Texas? Visitors must abide by Texas cannabis laws. Cannabis, as you might know it in other states where recreational weed is legal, is not available in Texas.
Transport restrictions
Flying with weed: Marijuana remains a Schedule I controlled substance under federal law. Airports are considered federal property and are subject to federal law, meaning you can still be charged with a federal crime for possessing or consuming marijuana in a U.S. airport, even if you have a prescription.
Driving with weed: Although you can drive with your prescribed medical marijuana in your vehicle in Texas, it's a federal crime to transport cannabis across state or international borders, so you can't take it to another state or country with you.
FAQ
When will a marijuana bill be voted on in Texas?
While we can't predict the future, we do know that Texans are not allowed to petition to get a medical marijuana initiative added to the ballot. Any path to legalization would have to go through the state legislature.
That said, the Texas Cannabis Legalization Act (HB 1208) was filed in November 2024, seeking to legalize, regulate, and tax adult-use cannabis for adults 21 and older. The legislation is still pending, but if it passes, it will take effect on September 1, 2025.
However, the leader of the Texas State Senate, Lt. Gov. Dan Patrick, has vowed to ban THC in Texas, referencing 2025 Senate Bill 3, which would ban all forms of THC in the state if it passes.
When did the Texas marijuana decriminalization bill come into effect?
While some counties and cities have reduced possession penalties, marijuana is not decriminalized in Texas.
Are CBD gummies legal in Texas?
Yes, CBD gummies with less than 0.3% THC by dry weight are legal in Texas. Hemp-derived CBD products (including gummies) with less than 0.3% THC are legal at the federal level, and Texas aligns its laws with federal laws.
The information contained in this site is provided for informational purposes only and should not be construed as medical or legal advice. Weedmaps makes no representation that the content contained here is current, accurate, or without errors. This page was last updated on March 7, 2025.