Texas Marijuana Laws (2026)
Is marijuana legal in Texas? Complete guide to Texas cannabis laws including possession limits, penalties, medical program details, and what happens if you're charged.
Texas Marijuana Status at a Glance
Is Marijuana Legal in Texas?
Marijuana in Texas is currently: Illegal
Texas has limited Compassionate Use CBD program only
Texas Marijuana Possession Penalties
| Amount | Penalty |
|---|---|
| Small Amount | Class B misdemeanor: up to 180 days, $2,000 fine (2 oz or less) |
| Large Amount | Felony for amounts over 4 oz |
Texas Medical Marijuana Program
Texas currently only allows a limited medical CBD (cannabidiol) oil program. Full medical marijuana is not available. CBD oil with very low THC content may be permitted for specific medical conditions such as epilepsy.
Recreational Marijuana in Texas
Recreational marijuana is not legal in Texas. Possession of marijuana for non-medical purposes may result in criminal charges ranging from a civil infraction to a felony depending on the amount involved and your prior record.
Marijuana DUI in Texas
Even in states where marijuana is legal, driving under the influence of cannabis is a criminal offense in Texas. Law enforcement can charge you with DUI/DWI if you are impaired while driving, regardless of whether marijuana is legal in the state. There is no universally agreed-upon THC blood level equivalent to alcohol's 0.08% BAC — impairment is assessed by officers and drug recognition experts.