Cannabis in Texas: Legal, But With Limits


Marijuana, commonly known as cannabis, is a plant that contains psychotropic chemicals such as THC and CBD. While marijuana has a variety of medical and recreational uses, its legality differs by country and state. This article examines the present situation and future prognosis of marijuana legislation in Texas, one of the most populous and conservative states in the United States.

Is Marijuana Legal In Texas?

In brief, no. Texas classifies marijuana as a Schedule I drug under the Controlled Substances Act, signifying that it has no accepted medicinal value and a high potential for abuse. Possession, cultivation, sale, or distribution of any amount of marijuana is a criminal violation in Texas, punishable by penalties, imprisonment, or both.

Read more: Cannabis in Florida: Legal, But With Limits

However, exceptions do exist. Texas has a Compassionate Use Program, which allows people with qualifying diseases such as epilepsy, multiple sclerosis, and terminal cancer to get low-THC cannabis oil with a doctor’s prescription. The program, which has been criticized for its limits, allows oil to contain no more than 0.5% THC and at least 10% CBD.

Another exception is hemp, a low-THC cannabis strain that is mostly utilized in industry. Texas passed House Bill 1325 in 2019, allowing for the production, processing, and sale of hemp and hemp-derived products subject to laws and testing standards.

Penalties for marijuana offenses in Texas

Penalties for marijuana violations in Texas vary depending on the drug, amount, criminal history, and circumstances.

  • Possession: Possession charges range from a Class B misdemeanor for up to 2 ounces to an aggravated first-degree felony for more than 2,000 pounds.
  • Cultivation: A state prison felony for up to four plants; an upgraded first-degree felony for more than 2,000 plants.
  • Sale or Delivery: Ranges from a Class B misdemeanor for up to 7 grams to an upgraded first-degree felony for over 2,000 pounds.
  • Aggravating Factors: Penalties may increase depending on variables like as geography, past convictions, the use of firearms, or connection with children or vulnerable people.

Prospects of Marijuana Reform in Texas

Despite the strict rules, there is a drive for reform. According to a 2020 study conducted by the University of Texas and the Texas Tribune, 60% of Texans support legalizing marijuana for medicinal or recreational use. Bills for decriminalization, legalization, and increased medicinal usage have been presented in the Texas Legislature, but none have yet passed. While some municipal governments have established strategies to lessen low-level marijuana enforcement, the future of reform is dependent on the political environment, public sentiment, economic effect, and scientific data.

Also read: Cannabis in Georgia: Legal, But With Limits

Reform might reduce criminal justice expenses, generate tax revenue, improve patient well-being, and increase personal freedom. Concerns about public health and safety, legal and regulatory issues, and societal hostility are all potential challenges.


In summary, Texas has severe marijuana restrictions and classifies it as a Schedule I substance. Exceptions include the Compassionate Use Program for low-THC cannabis oil and the legalization of hemp in specific circumstances. Marijuana charges include a range of penalties, from misdemeanors to felonies, depending on the quantity and criminal history. While there is an increasing drive for reform, as indicated by popular support and proposed legislation, significant reforms have yet to be implemented, with obstacles such as political dynamics, cultural concerns, and economic consequences.

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