Texas marijuana laws still treat recreational cannabis as a crime. Possessing up to two ounces of plant material is a Class B misdemeanor, the charge climbs through misdemeanor and felony tiers as the weight goes up, and any amount of a concentrate, edible, or THC vape is automatically a felony because extracted THC is prosecuted under a different statute than the plant itself. A narrow medical program exists for qualifying patients, and hemp products stay legal only while they test at or below 0.3% delta-9 THC.
How the State Defines Marijuana
Texas defines marijuana as the Cannabis sativa L. plant, its seeds, and preparations made from them. The statute specifically excludes extracted resin, mature stalks, fiber, seed oil, and hemp.1State of Texas. Texas Health and Safety Code 481.002 – Definitions That resin exclusion is the line that separates a marijuana charge from a far more serious controlled-substance charge. Once THC has been pulled out of the plant into oil, wax, a cartridge, or an edible, it is no longer “marihuana” under state law. It becomes a Penalty Group 2 substance, which carries felony penalties at any weight.2State of Texas. Texas Health and Safety Code 481.103 – Penalty Group 2
Hemp is Cannabis sativa L. with a delta-9 THC concentration of 0.3% or less by dry weight.3Texas Legislature Online. Texas House Bill 1325 – Hemp Farming Act Anything that tests above that line is legally marijuana.
Possession Penalties by Weight
Penalties for possessing plant marijuana are set by Health and Safety Code Section 481.121, with the punishment ranges fixed by the Penal Code.4State of Texas. Texas Health and Safety Code 481.121 – Offense: Possession of Marihuana
- Two ounces or less: Class B misdemeanor. Up to 180 days in jail and a fine up to $2,000.5Texas Public Law. Texas Penal Code 12.22 – Class B Misdemeanor
- More than two but no more than four ounces: Class A misdemeanor. Up to one year in county jail and a fine up to $4,000.6State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
- More than four ounces but no more than five pounds: state jail felony. Between 180 days and two years in a state jail facility and a possible fine up to $10,000.7State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
- More than five but no more than 50 pounds: third-degree felony. Two to 10 years in prison and a possible fine up to $10,000.8State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- More than 50 but no more than 2,000 pounds: second-degree felony. Two to 20 years and a possible fine up to $10,000.9State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
- More than 2,000 pounds: enhanced first-degree felony. Five to 99 years or life and a fine up to $50,000.4State of Texas. Texas Health and Safety Code 481.121 – Offense: Possession of Marihuana
Cultivation is prosecuted under these same tiers based on the total weight of the plants. There is no personal-use carve-out for growing at home.
Why Edibles and Vape Cartridges Are Charged Harder
A single THC vape cartridge or a pot brownie is not charged as marijuana possession. Because the extracted THC falls under Penalty Group 2, any amount is automatically a felony, and there is no misdemeanor tier.10State of Texas. Texas Health and Safety Code 481.116 – Offense: Possession of Substance in Penalty Group 2
- Less than 1 gram: state jail felony (180 days to 2 years, fine up to $10,000).10State of Texas. Texas Health and Safety Code 481.116 – Offense: Possession of Substance in Penalty Group 2
- 1 gram to less than 4 grams: third-degree felony (2 to 10 years).8State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- 4 grams to less than 400 grams: second-degree felony (2 to 20 years).9State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
- 400 grams or more: enhanced first-degree felony (5 to 99 years or life, fine up to $50,000).10State of Texas. Texas Health and Safety Code 481.116 – Offense: Possession of Substance in Penalty Group 2
The weight calculation is what traps people with edibles. Texas counts the entire weight of the product, including sugar, butter, flour, and every other ingredient. A batch of brownies weighing 100 grams is charged on the full 100 grams, not the milligrams of THC inside. A few homemade edibles can sit squarely in second-degree felony range. A single vape cartridge usually contains enough oil to put the charge at a third-degree felony.
Giving It Away or Selling It
Delivery penalties live in Section 481.120. At the lowest weight, the charge turns on whether money changed hands.11State of Texas. Texas Health and Safety Code 481.120 – Offense: Delivery of Marihuana
- A quarter ounce or less given away for free: Class B misdemeanor.
- A quarter ounce or less sold for money: Class A misdemeanor.
- More than a quarter ounce up to five pounds: state jail felony.
- More than five up to 50 pounds: second-degree felony.
- More than 50 up to 2,000 pounds: first-degree felony.
- More than 2,000 pounds: enhanced first-degree felony (10 to 99 years or life, fine up to $100,000).11State of Texas. Texas Health and Safety Code 481.120 – Offense: Delivery of Marihuana
Handing a joint to a friend is technically delivery. Above a quarter ounce the charge becomes a state jail felony whether or not anyone paid.
Medical Use Through the Compassionate Use Program
Texas allows a narrow medical pathway through the Compassionate Use Program, administered by the Department of Public Safety.12Texas Department of Public Safety. Compassionate Use Program Overview Qualifying patients can use low-THC cannabis, defined as a product containing no more than 10 milligrams of tetrahydrocannabinol per dosage unit.13Texas State Law Library. Compassionate Use Program – Cannabis and the Law Patients must be permanent Texas residents.14Texas.gov. Texas Medical Marijuana
Qualifying conditions include epilepsy, seizure disorders, multiple sclerosis, spasticity, ALS, autism, cancer, incurable neurodegenerative diseases, PTSD, chronic pain, traumatic brain injury, Crohn’s disease and other inflammatory bowel diseases, and terminal illness.13Texas State Law Library. Compassionate Use Program – Cannabis and the Law A qualifying physician enters the prescription directly into the Compassionate Use Registry of Texas, and there is no physical medical marijuana card.15Texas Department of Public Safety. Compassionate Use Registry of Texas Dispensing organizations verify eligibility through the registry, and law enforcement can check it during an encounter.
The program does not protect patients from being fired. Texas has no state law shielding medical cannabis patients from employment consequences over a positive drug test, and no federal protection exists either.
Hemp, CBD, and Delta-8
House Bill 1325, passed in 2019, legalized industrial hemp.3Texas Legislature Online. Texas House Bill 1325 – Hemp Farming Act CBD oils, topicals, and other consumable hemp products are legal to sell as long as they stay at or below 0.3% delta-9 THC. Retailers of consumable hemp must register with the Texas Department of State Health Services, which requires product testing for THC levels and contaminants.16Texas Department of State Health Services. Consumable Hemp Program A product that tests above 0.3% delta-9 is legally marijuana.
Delta-8 THC sits in an unstable legal position. In 2021 the Department of State Health Services classified it as a controlled substance, prompting a legal challenge that has made its way to the Texas Supreme Court. As of early 2026 the court had not issued a final ruling, so delta-8 products remain available in some retail settings while their long-term legality is unsettled. Texas has also moved to ban smokeable hemp flower. What’s on a store shelf today may not be legal tomorrow.
City Ordinances Don’t Make It Legal
Austin, Denton, San Marcos, and other Texas cities have passed local ordinances changing how police handle low-level marijuana possession. These measures typically tell local officers to issue a citation rather than arrest for small amounts, and some voter-approved initiatives aim to stop local police from enforcing possession offenses for amounts under four ounces.
A city ordinance only binds that city’s police department. A county sheriff’s deputy, a state trooper, or a federal agent making the stop is not covered, and the person still faces full state-level penalties. Living in a city with a decriminalization ordinance is not the same as living somewhere marijuana is legal.
Driving After Use
Texas treats driving under the influence of marijuana as a DWI under Penal Code Chapter 49. There is no per se THC blood level that automatically proves impairment the way 0.08 does for alcohol. Prosecutors have to show the driver lost normal use of mental or physical faculties due to the substance, which in practice means officers rely on observed driving, field sobriety tests, and expert testimony. A positive blood test for THC supports the state’s case but doesn’t settle it on its own. A first-offense DWI carries up to 180 days in jail and a $2,000 fine, with penalties climbing for repeat offenses.
Federal Law Still Reaches Into Texas
Marijuana remains a Schedule I controlled substance under federal law as of mid-2026. A proposed rulemaking to reschedule marijuana to Schedule III is pending before the DEA, with administrative hearings set for summer 2026, but no rescheduling has taken effect, and even if it does the proposed rule would reach only FDA-approved products and qualifying state medical programs rather than general recreational use.17Federal Register. Schedules of Controlled Substances – Rescheduling of Marijuana
Three federal exposures matter for Texans. Transporting any amount across state lines is a federal offense under 21 U.S.C. ยง 841, even between two states where cannabis is legal.18Office of the Law Revision Counsel. 21 USC 841 – Prohibited Acts A Federal property, including military bases, national parks, and VA hospitals, operates under federal jurisdiction where state and local cannabis laws have no effect. And at airports, TSA officers are not actively searching for marijuana, but if they find it during screening they are required to report it to law enforcement, and in Texas that referral can lead to state criminal charges.