Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. In May 2025, the Texas Legislature passed Senate Bill 3, a law banning the sale and possession of hemp-derived products containing any amount of THC, effectively criminalizing much of the state’s legal hemp industry starting September 1. As of June 22, Governor Greg Abbott has decided to veto the bill, calling for regulation instead of a full prohibition. A special session was held on July 21 to discuss the matter.
Medical use is allowed only in the form of low-THC cannabis oil, less than 1% THC with a doctor's approval and less than 0.3% THC without. Legislation allowing for medical use was first approved in 2015.
Prior to 1973, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. Possession was banned statewide in 1931.
History Early history John Gregory Bourke described the use of "mariguan", which he identifies as Cannabis indica or Indian hemp, by Mexican residents of the Rio Grande region of Texas in 1894. He described its uses for treating asthma, expediting delivery, warding off witches, and as a love-philtre. He also wrote that many Mexicans added the herb to their cigarritos or mescal, often taking a bite of sugar afterward to intensify the effect. Bourke wrote that because it was often used in a mixture with toloachi (which he inaccurately describes as Datura stramonium), mariguan was one of the several plants known as "loco weed". Bourke compared mariguan to hasheesh, which he called "one of the greatest curses of the East", citing reports that users "become maniacs and are apt to commit all sorts of acts of violence and murder", causing degeneration of the body and an idiotic appearance, and mentioned laws against sale of hasheesh "in most Eastern countries".Bourke cites an anonymous writer in the "Evening Star", Washington, D. C., January 13, 1894 for additional remarks on the use of mariguan and Jamestown weed by inhabitants of the area.
1915 El Paso ban The Texas city of El Paso was the first American city to individually restrict cannabis in 1915. The scene for this city ban was set in 1913, when a man killed a police officer in neighboring Ciudad Juárez, Mexico, while chasing an El Paso couple. Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements: One under its influence is devoid of fear and as reckless of consequences or results. There are instances where the drug crazed victim has been placed in jail, but in many cases officers have been compelled to slay the fiend in order to save their own lives. ... A large percentage of the crimes committed are by men saturated with the drug... Most Mexicans in this section are addicted to the habit, and it is a growing habit among Americans.
1919 Sale restricted In 1919, legislation was enacted to prohibit the transfer of narcotics, including cannabis, for non-medical use. Transfer of cannabis in this manner was made a misdemeanor crime; however, possession of the drug still remained legal.
1923 Further restrictions In 1923, legislation was enacted to prohibit the possession of narcotics, including cannabis, with intent to sell. As a result of this law, cannabis could no longer be purchased over-the-counter at pharmacies (only by prescription).
1931 Prohibition
Possession of cannabis was banned statewide in 1931, making it a felony. Until 1973, it would remain classified as a narcotic with the possibility of life sentences imposed for possession of small amounts.
Reforms State level House Bill 447 (1973) In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses. Prior to its passage, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and a prison sentence of no more than 180 days. The bill passed the Senate by a 24–7 vote and the House 84–58.
House Bill 447 also contained a provision allowing persons serving time for cannabis offenses to be resentenced under the new law. The resentencing provision was later ruled unconstitutional; however, by May 1974, Governor Dolph Briscoe had granted clemency to 95 of these prisoners.
House Bill 2391 (2007) In June 2007, House Bill 2391 was signed into law by Governor Rick Perry. Under the law, police can "cite and release" for certain misdemeanor crimes instead of subjecting offenders to immediate arrest (though the same penalties still apply). Among the offenses for which a citation can be issued is possession of up to 4 ounces of cannabis. Many police departments announced they would continue to arrest for minor cannabis offenses, however.
Proposed recreational legalization (2015) In 2015, State Representative David Simpson introduced House Bill 2165 to legalize the use of cannabis for recreational purposes. A Tea Party-backed conservative, Simpson made a religious case for cannabis, stating: "I don't believe that when God made marijuana, he made a mistake that government needs to fix." In May 2015, Simpson's bill gained a majority of support in the House Criminal Jurisprudence Committee, but was not accepted to make it further on the House floor in the limited time remaining in the legislative session.
Limited medical use legalized (2015) In June 2015, Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy. Abbott caveated his support: "I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes." The bill passed by a 26–5 vote in the Senate and 96–34 in the House.
House approves reduced penalties (2019) In April 2019, the House of Representatives voted 98–43 to approve House Bill 63. It sought to make possession of up to one ounce of cannabis a Class C (rather than a Class B) misdemeanor, eliminate the threat of jail time, and reduce the fine to $500. The day after its passage in the House, however, Lieutenant Governor Dan Patrick announced that he would not allow a vote on it in the Senate.
Legalization of hemp cultivation and delta-8-THC (2019) In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC). It also legalized possession and sale of hemp-derived CBD products without the need for a doctor's approval. HB 1325 passed the Senate 31–0 and the House 140–3.
The enactment of HB 1325 also caused an outcome that legislators did not intend. Because it changed the legal definition of marijuana from cannabis in general to cannabis containing greater than 0.3% THC, many marijuana possession charges across the state were soon dropped due to a shortage of THC testing equipment available. Prosecutors in the counties of Harris, Tarrant, Bexar, Travis, Williamson, and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges.
The enactment of HB 1325 also caused the psychoactive cannabinoid delta-8-THC to become legal when produced from legally cultivated hemp. The Texas Department of State Health Services later classified the drug as an illegal substance in October 2021, but a November 2021 injunction from a district court judge prevented the prohibition from taking effect until a final ruling on the matter can be made.
Qualifying conditions expanded (2019) In June 2019, Governor Abbott signed House Bill 3703, which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program. Previously limited to epilepsy only, the bill added terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, and incurable neurological disorders such as Alzheimer's, Parkinson's, and Huntington's Disease.
Smokable hemp banned (2020) In 2020, Texas regulators issued a ban on the manufacture, processing, distribution, and sale of hemp for smoking purposes only. In response, local companies protested the ban and filed a lawsuit seeking to have it overturned. In September 2020, Travis County District Judge Lora Livingston granted a temporary injunction lifting the ban until the case went to trial in 2021. The ban was ruled unconstitutional by Judge Livingston in August 2021; however, in June 2022, the Texas Supreme Court upheld the ban on the manufacturing and processing (but not sale) of smokable hemp.
"Smoke a joint, lose your license" repealed (2021) In May 2021, SCR 1 was signed by Governor Abbott to declare that Texas had formally opted out of the requirements of the Solomon–Lautenberg amendment. In June 2021, SB 181 was signed to eliminate a requirement in state law that any drug conviction be penalized with a six-month driver's license suspension, instead allowing judges to waive suspensions for misdemeanor offenders who do not have a drug conviction in the prior 36 months. SB 181 took effect on September 1, 2021.
Medical program expansion (2021) In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1. A version of the bill that passed the House allowed for a 5% THC limit, but it was lowered to 1% in the Senate.
House approves medical program expansion (2023) House Bill 1805 that would expand covered medical conditions and define a per-dose THC limit instead of a percentage limit was passed by the House of Representatives on April 11, 2023.
House approves reduced penalties (2023) On April 27, 2023, the House of Representatives passed HB 218 by a 87–59 vote. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor with a maximum fine of $500 and no jail time.
Texas’s Compassionate Use Program expansion (2025) In 2025, Texas expanded its medical marijuana program that begin in 2015, through House Bill 46, significantly increasing both access and flexibility within the state’s Compassionate Use Program.The law broadened eligibility by adding more qualifying medical conditions such as chronic pain, Crohn’s disease, and traumatic brain injuries. It also expanded the types of cannabis products patients can use, moving beyond oils and edibles to include options like patches, lotions, inhalers, and certain vaporized forms, giving patients more personalized treatment choices.The expansion also focused heavily on improving access across Texas. The state required the Texas Department of Public Safety to issue more licenses to cannabis providers, increasing competition and availability. In addition, providers were allowed to open satellite distribution locations instead of operating from a single central site, making it easier for patients to obtain their medication without traveling long distances. As a result of these changes, the program saw rapid growth, with over 135,000 registered patients by the end of 2025. The increase in providers and distribution sites helped lower costs and speed up delivery times, improving overall efficiency. While these updates brought Texas closer to a more modern medical cannabis system, the program still remains more restrictive than those in many other states, particularly in terms of product potency and broader access.
Texas rule changes (2026)