In Texas, possession of even a tiny amount of marijuana can land you in jail; in fact, anything less than 2 ounces carries a maximum penalty of 180 days in jail and a fine of up to $2,000. But penalties are even more serious for possessing concentrates such as hash oil, which is charged as a felony and can result in up to two years in state prison.
While Texas does have a medical marijuana program called the Texas Compassionate Use Program (CUP), it is not a full legalization of medical marijuana in the same way some other states have implemented.
Here's a breakdown of the program:
Limited Access: It's only for specific medical conditions and requires a prescription from a registered physician.
Low-THC Products: The program focuses on "low-THC cannabis," meaning products that contain less than 1% tetrahydrocannabinols (THC) by weight.
No Physical Cards: Texas does not issue physical medical marijuana cards.
Not Legal for Recreational Use: Recreational marijuana use is still illegal in Texas.
Recent Developments (as of June 17, 2025):
Expansion of Eligible Conditions: Recent legislation (HB46) is expected to expand the list of qualifying conditions to include chronic pain and Crohn's disease, among others.
Increased Number of Dispensaries: The program is set to increase the number of licensed dispensaries to improve patient access.
New Delivery Methods: The expanded program will allow for new ways to consume medical cannabis, such as vaporizers and patches.
Important to note: Texas is still in the process of implementing some of these recent changes, and it's essential to consult the official Texas Department of Public Safety website or a qualified medical professional for the most up-to-date information regarding the CUP.
In essence, while the CUP has expanded to offer more access to patients, it's still a restricted medical program, and recreational use remains illegal in Texas.
Statute
Texas Health & Safety §481.032, et seq.
Elements of Texas Marijuana Laws
Possession
Under 2 oz.: Class B misdemeanor; 2-4 oz.: Class A misdemeanor; 4 oz. to 5 lbs.: State jail felony; 5-50 lbs.: 3rd degree felony; 50-2000 lbs.: 2nd degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000
Sale
.25 oz. or less: Class B misdemeanor (if no remuneration); .25 oz. or less: Class A misdemeanor (with remuneration); .25 oz. to 5 lbs.: state jail felony; 5 lbs. to 50 lbs.: 2nd degree felony; 50-2000 lbs.: 1st degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000; Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony; Within drug-free zone: penalties doubled
Diversion Programs
Some court districts in Texas have drug diversion programs that allow certain first-time offenders to complete a rehabilitation program instead of serving a prison sentence.
Penalties and Sentences
The sale of just 7 grams (roughly one-quarter ounce) of cannabis also carries a maximum penalty of 180 days in jail and a possible $2,000 fine. But selling more than 50 pounds of the herb (a felony) can land you in prison for 99 years, with a mandatory minimum sentence of five years. Selling any amount of marijuana to a minor is a felony, with a maximum sentence of 20 years.
Medical Marijuana
Texas Compassionate Use Act: Main Provisions
Illnesses: Intractable epilepsy
Possession: Any amount of low-THC (up to 0.5%), high-CBD (more than 10%) oil as prescribed by a physician (raw herb and other cannabis preparations are not allowed)
Cultivation: Not allowed
Dispensaries: Limited number of state-licensed facilities
Statute: Texas Health and Safety Code § 487.001, et seq.
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