Yes, marijuana is still illegal in Texas. However, there are a few exceptions and loopholes on the books. Here’s where things stand.
Medical use
Medical marijuana is legal to a certain extent in Texas, as eligible residents may access low-level THC cannabis. The compassionate use program, established in 2015, allows certain physicians to prescribe medical use low-THC products to patients with seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer and incurable neurodegenerative diseases.
The Texas Legislature expanded the program’s eligibility to include patients with all forms of PTSD and cancer last year.
Is hemp legal?
Hemp was legalized in Texas in 2019 through the 2018 Farm Bill, authorizing the commercial production, manufacture and retail sale of the plant that CBD is derived from. While both have a similar compound structure, CBD and THC affect the body differently as the latter produces more of a high.
The bill defined hemp as cannabis with a THC concentration of less than 0.3% by dry weight. Anything with a higher THC concentration is considered marijuana and illegal.
What are the consequences for possessing marijuana?
Possession of up to 2 ounces of marijuana is a Class B misdemeanor and punishable by up to 180 days in jail and a fine of up to $2,000. Possession of more than 2 ounces could result in up to a year in jail, and more than 4 ounces is a felony with a mandatory minimum sentence of 2 years.
Any amount of cannabis concentrate, commonly found in products such as edibles, gummies, THC oils and dab pens, is a felony in Texas punishable with a minimum of a $10,000 fine and 180 days in jails.
Marijuana paraphernalia, or equipment used to produce, conceal or consume drugs, is also illegal. This include products such as bongs, pipes or roach clips; items that are commonly found by law enforcement, according to the Texas chapter of the National Organization for the Reform of Marijuana Laws.
Possession of paraphernalia is punishable by up to a $500 fine, and selling paraphernalia is a misdemeanor. A second offense for selling paraphernalia results in a felony.
Is Delta-8 legal?
Delta-8 is still temporarily legal after a Travis County judge granted an injunction against the state’s decision to classify the popular cannabis extract as a Schedule I drug, which made it illegal.
Delta-8 is similar to Delta-9, the psychoactive compound in marijuana. Delta-8 though is typically made from CBD.
President Joe Biden directed the secretary of Health and Human Services and the U.S. attorney general to review how marijuana is scheduled under federal law. Rescheduling the drug would reduce or potentially eliminate criminal penalties for possession.
At the national level, marijuana is classified as a Schedule I drug, along with heroin and LSD, but ahead of fentanyl and methamphetamine.
