New Texas Weed Laws: THC Limits, Delta-8, and Penalties

Texas weed laws remain among the strictest in the country in 2026. Marijuana is still a Schedule I controlled substance under state law, Delta-8 THC lost its legal cover in a May 2026 Texas Supreme Court decision, and even small amounts of THC concentrate can land you in the felony range. A limited medical program exists, some cities have voted to stop arresting people for small amounts, and the federal government partially rescheduled marijuana this year — but none of that changes the basic reality that possession, sharing, and sale are still prosecuted under state law.

The 0.3 Percent Line That Defines Everything

Every cannabis question in Texas starts with a single number. House Bill 1325, passed in 2019, split the cannabis plant into two categories based on Delta-9 THC content. Hemp is any part of the plant with a Delta-9 THC concentration of no more than 0.3 percent on a dry weight basis.1Texas Legislature Online. Texas House Bill 1325 Anything at or below that threshold is a legal agricultural product. Anything above it is marijuana, classified as a Schedule I hallucinogenic substance under the Texas Controlled Substances Act.2Texas State Law Library. Cannabis and the Law

When police seize cannabis material, lab testing determines the exact Delta-9 concentration. That number decides whether you’re holding hemp or committing a crime.

Marijuana Possession Penalties by Weight

Texas Health and Safety Code Section 481.121 sets the tiers for plant-form marijuana. Concentrates and extracts are prosecuted separately and much more harshly.

Why Vape Carts, Wax, and Edibles Hit Felony Range So Fast

This is where people get blindsided. THC concentrates, including vape cartridges, wax, shatter, and most edibles made with extracted THC, are not treated as marijuana under Texas law. They fall under Penalty Group 2 and are prosecuted under Section 481.116 of the Health and Safety Code, which carries dramatically harsher penalties than the plant statute.10State of Texas. Texas Health and Safety Code Section 481.116 – Offense: Possession of Substance in Penalty Group 2

A single vape cartridge typically weighs 0.5 to 1 gram. Under the concentrate statute, possessing less than one gram is already a state jail felony, punishable by 180 days to two years in state jail and a fine up to $10,000. Compare that to plant marijuana, where you need more than four ounces to reach felony territory. From there the tiers climb quickly:

Texas weighs the entire product, including the oil, carrier liquid, and other contents, not just the pure THC. A single edible or a small jar of wax can push you well into the multi-gram range even when the actual THC content is a fraction of the total weight. Anyone crossing into Texas with concentrate products bought legally elsewhere is walking into a potential felony arrest.

Delta-8 THC After the 2026 Supreme Court Ruling

The Texas Supreme Court changed the Delta-8 picture on May 1, 2026. For roughly four years, Delta-8 products stayed on shelves because a Travis County district court had issued a temporary injunction blocking the state from enforcing its position that Delta-8 is a controlled substance. That protection is gone.

The Supreme Court reversed the injunction, holding that the Department of State Health Services commissioner lawfully classified Delta-8 as a Schedule I substance and that sovereign immunity barred the retailers’ claims.11Texas Judicial Branch. Sky Marketing Corp. DBA Hometown Hero v. Texas Department of State Health Services Under HB 1325, only products containing no more than 0.3 percent Delta-9 THC are legal. Other forms of THC, including Delta-8 at any concentration, fall under the controlled substances schedules.

Delta-8 gummies, vape cartridges, and tinctures that were widely sold across Texas now sit in the same legal space as marijuana concentrates. Possession can expose you to the Penalty Group 2 penalties above, where a sub-gram amount is a state jail felony. Products bought while the injunction was active are not grandfathered in.

Sharing and Selling: Delivery Penalties

Section 481.120 treats delivery of marijuana more severely than possession, and it does not require money to change hands. Giving marijuana away for free still counts as delivery.

  • One-quarter ounce or less, given away for free: Class B misdemeanor.
  • One-quarter ounce or less, sold for money: Class A misdemeanor.
  • More than one-quarter ounce up to five pounds: state jail felony.
  • More than five pounds up to 50 pounds: second-degree felony.
  • More than 50 pounds up to 2,000 pounds: first-degree felony.
  • More than 2,000 pounds: enhanced first-degree felony, ten to 99 years or life, fine up to $100,000.12State of Texas. Texas Health and Safety Code Section 481.120 – Offense: Delivery of Marihuana

Sharing a joint technically qualifies as delivery. Passing more than a quarter ounce to a friend puts you in state jail felony range whether or not any money moved.

What Local Decriminalization Actually Means

Austin, Denton, Killeen, San Marcos, Elgin, and Dallas have adopted voter-approved measures directing local police to stop citing or arresting people for low-level marijuana possession, generally two ounces or less. Bastrop and Lockhart passed similar measures but never implemented them.

The Texas Attorney General has sued multiple cities over these ordinances, arguing that the Texas Local Government Code prohibits any political subdivision from adopting a policy of nonenforcement of drug laws, and that Article XI, Section 5 of the Texas Constitution bars municipal ordinances inconsistent with state legislation.13Office of the Attorney General of Texas. Attorney General Ken Paxton Sues the City of Dallas for Ballot Measure Prohibiting Police From Enforcing Marijuana Laws

If you’re in a “decriminalized” city, a local officer may not arrest you for a small amount of marijuana. A state trooper, a county sheriff’s deputy, or a DPS officer in the same city can. Your exposure depends on which agency makes the stop, and state law has not changed regardless of what a local ordinance says.

Medical Cannabis Through the Compassionate Use Program

Texas allows narrow medical access through the Compassionate Use Program under Health and Safety Code Chapter 487.14Texas State Law Library. Compassionate Use Program – Cannabis and the Law The list of qualifying conditions is fixed: epilepsy, a seizure disorder, multiple sclerosis, spasticity, ALS, autism, cancer, an incurable neurodegenerative disease, post-traumatic stress disorder, a condition causing chronic pain, traumatic brain injury, Crohn’s disease or other inflammatory bowel disease, or a terminal illness.

A physician registered with the Compassionate Use Registry of Texas must prescribe the product, and the Department of Public Safety tracks all prescriptions. Texas defines “low-THC cannabis” as a product containing no more than 10 milligrams of tetrahydrocannabinols per dosage unit. Smoking cannabis is not permitted under the program. Products come as oils, capsules, and similar delivery methods dispensed through licensed dispensaries. This is a supervised prescriber-patient-dispensary chain, not a card-and-menu system.

Driver’s License Suspension After a Conviction

A final conviction for a marijuana offense triggers an automatic driver’s license suspension under the Texas Transportation Code. A drug conviction under the Controlled Substances Act results in a 90-day suspension. That applies outright to felony drug convictions, and to misdemeanor drug convictions when you have a prior drug conviction within the preceding 36 months.15State of Texas. Texas Transportation Code Section 521.372 – Suspension or Denial

The suspension stacks on top of any jail time and fine. Many people don’t learn about it until their conviction is final, and for anyone who depends on driving for work, the collateral consequence can be as disruptive as the criminal record itself.

Federal Rescheduling and Federal Property

On April 23, 2026, the U.S. Department of Justice and the DEA moved certain marijuana products from Schedule I to Schedule III under federal law. The change applies to FDA-approved drug products containing marijuana and to marijuana used for medical purposes under a qualifying state-issued license. Recreational cannabis, synthetic cannabis, and unlicensed marijuana remain Schedule I federally.

This changes less in Texas than the headlines suggest. The state’s Controlled Substances Act operates independently, and federal rescheduling does not automatically change state scheduling. Marijuana is still Schedule I under Texas law, and day-to-day enforcement is unaffected.

Federal property is a separate zone entirely. Texas is home to numerous military installations, national parks, and other federal lands where federal drug law governs. Possessing marijuana on federal property without authorization remains a federal offense under 21 U.S.C. § 844: a first offense carries up to one year in prison and a minimum $1,000 fine; a second offense, up to two years and a minimum $2,500 fine; a third or subsequent offense, up to three years and a minimum $5,000 fine.16Office of the Law Revision Counsel. 21 USC 844 – Penalties for Simple Possession Big Bend National Park, Fort Cavazos, and every other federal site in Texas fall under this rule, and no state or local decriminalization measure reaches them.