Is Marijuana Still Illegal in Texas?

 Posted on August 13, 2025 in Drug Crimes

While many states have taken steps to legalize cannabis, Texas has not followed suit. Despite growing acceptance of marijuana across the country, Texas continues to enforce strict penalties for marijuana possession, use, and distribution under certain conditions. If you are facing charges related to marijuana in Texas, you should understand how the law applies to your case. An experienced San Antonio, TX drug crimes defense attorney can help.

Does Texas Allow Recreational Use of Cannabis?

Recreational possession of marijuana is a criminal offense under the Texas Controlled Substances Act. While other states have legalized marijuana for adults over 21, Texas has not passed any laws permitting recreational marijuana use. This means that if you are caught with marijuana, even in small amounts, you could face serious legal consequences. 

On the other hand, medical marijuana use is legal under strict regulations in Texas. In June 2025, Governor Greg Abbott signed House Bill 46 into law, significantly expanding Texas' medical cannabis program. The new law, set to take effect next month, increases the list of qualifying conditions, including chronic pain and Crohn's disease, and raises the THC limit to 10 milligrams per dose. The bill also introduces additional delivery methods, such as patches and inhalers, to improve patient access and treatment options.

Are Hemp and Cannabis Different Under Texas Law?

Texas law treats hemp and cannabis differently based on their THC content. Hemp products, like CBD oil, are legal as long as they contain no more than 0.3 percent THC by dry weight. This is outlined in Texas Agriculture Code § 121.051, which legalized hemp cultivation in Texas in 2019.

However, cannabis, which contains more than 0.3 percent THC, remains illegal unless prescribed under the state’s restrictive medical marijuana program. The Compassionate Use Program only permits medical marijuana use for certain qualifying conditions such as epilepsy and terminal cancer.

What Penalties Can You Still Face for Cannabis Possession in Texas?

If you are caught illegally possessing marijuana in Texas, you can face significant penalties depending on the amount involved:

• Possession of 2 ounces or less is considered a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

• Possession of 2 to 4 ounces is a Class A misdemeanor, which could result in up to one year in jail and a fine of up to $4,000.

• Possession of 4 ounces to 5 pounds is classified as a state jail felony, and if convicted, you could face 180 days to two years in a state jail, as well as a fine of up to $10,000.

• Possession of 5 pounds or more is a third-degree felony, which carries two to 10 years in prison and a fine of up to $10,000.

If you are caught possessing marijuana near schools or other designated drug-free zones, the penalties can be even more severe. A conviction not only brings potential jail time and fines but can also have long-term effects, including a permanent criminal record that can interfere with employment prospects, educational opportunities, and even affect your housing.

Contact a San Antonio, TX Drug Crime Defense Attorney Today

If you are facing criminal charges in Texas, Attorney Sam H. Lock is here to help. With extensive experience handling all types of criminal cases, from misdemeanors to serious felonies, he brings both legal experience and a personal touch to every case. Recognized multiple times by Texas Monthly and Scene in S.A. Monthly, Attorney Lock is committed to providing the best defense possible, drawing on years of knowledge and hands-on litigation experience to fight for his clients in court. Call 210-226-0965 today to schedule a consultation with a knowledgeable San Antonio, TX drug crime defense lawyer.