outline of the state of Texas with a cannabis leaf

Recreational and medical marijuana are both illegal in Texas. Read on to learn more about Texas' current marijuana laws.

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What you need to know about Marijuana Laws in Texas

  • Both recreational and medical marijuana are illegal in the state of Texas
  • Low-THC CBD oil is legal to treat epilepsy if prescribed by a physician
  • Possession of less than two ounces of marijuana is punishable by a $2,000 fine and up to 180 days in jail
  • Neither medical or recreational marijuana legislation has made it far in either the House or Senate
  • Cultivation of over four ounces of marijuana is a felony and punishable by 180 days to 99 years in jail based on total weight

Marijuana Legislation in Texas

Since 2015, physician’s practicing in Texas have been able to recommend CBD oil for children suffering from epilepsy. Lawmakers ensured citizens that legalizing the use of CBD oil would not lead to additional marijuana legalization. State lawmakers haven’t shown any support for additional marijuana legalization bills. Texas does not have a ballot initiative process putting legalization solely in the hands of the Texas government.

A few medical marijuana bills have been drafted but failed to make it out of the House or Senate. There is support from citizens in Texas for medical marijuana legalization but there doesn’t appear to be much support with current lawmakers. A statewide decriminalization bill that passed the House failed to progress in the Senate in 2019. A number of cities in Texas have passed decriminalization laws including Dallas, Austin, El Paso and Plano.

Marijuana Fines and Penalties in Texas

Possession up to two ounces: A misdemeanor offense punishable by a $2,000 fine and up to 180 days in jail.

Possession between two and four ounces: A misdemeanor offense punishable by up to a year in jail and a $4,000 fine.

Possession between four ounces and five pounds: A felony offense with a mandatory minimum of 180 days in jail but up to two years with a $10,000 fine.

Sale of less than 7 grams: A misdemeanor punishable with up to 180 days in jail along with a fine of $2,000.

Cultivation penalties mirror possession penalties escalating by total weight.

Additional Marijuana Laws to be Aware of in Texas

  • In Texas, police may ask drivers to submit to a chemical test if they believe the driver is under the influence of marijuana and operating a motor vehicle
  • Public consumption of marijuana is illegal and if caught offenders may be charged with a misdemeanor
  • Possession of drug paraphernalia could result in a $500 fine
motor vehicles & marijuana

Can you drive while high on marijuana in Texas?

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