Cannabis law in Texas (2026)
Last reviewed: 9 October 2026
In short: Possession of two ounces or less of marihuana is a Class B misdemeanour in Texas, with higher classes for larger amounts. Delivery is an offence and there is no adult-use retail market. Only low-THC cannabis can be dispensed, under the Compassionate-Use Act.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Quantity limitsPersonal use by an adult | No quantity is lawful for adults without a low-THC cannabis prescription. Possession of a usable quantity of two ounces or less is a Class B misdemeanour; more than two but not more than four ounces is a Class A misdemeanour; more than four ounces is a state jail felony or a higher felony. [1] |
| Growing at homePersonal use by an adult | ⚠ Not yet verified |
| Sale to consumersPersonal use by an adult | Prohibited [1] |
| Medical cannabisPersonal use by an adult | Restricted programme only [2] |
| Driving after cannabis usePersonal use by an adult | Driving while intoxicated is an offence (Class B misdemeanour, at least 72 hours in jail). Intoxicated includes not having the normal use of mental or physical faculties because of a controlled substance or drug; the fixed 0.08 limit is for alcohol only. [3] |
Notes
- Hemp-derived and low-THC products are regulated separately from marihuana and were not reviewed. Local policies on enforcement differ between cities and counties.
- Chapter 487 licenses dispensing organisations to cultivate, process and dispense low-THC cannabis to patients for whom it is prescribed under Chapter 169, Occupations Code; counties and municipalities may not prohibit it (§ 487.201). The Occupations Code definition of low-THC cannabis was not read.
Sources
- Texas Legislative Council: Texas Health and Safety Code, Chapter 481 - Texas Controlled Substances Act (consulted 9 October 2026) · all sources
- Texas Legislative Council: Texas Health and Safety Code, Chapter 487 - Texas Compassionate-Use Act (consulted 9 October 2026) · all sources
- Texas Legislature: Texas Penal Code chapter 49 Intoxication and alcoholic beverage offenses (consulted 10 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Possession for personal use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
Texas and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| Texas | Criminal offence (misdemeanour) | ⚠ Not yet verified | Delivery is an offence | — | Low-THC cannabis only | — |
| Arkansas | ⚠ Not yet verified | ⚠ Not yet verified | ⚠ Not yet verified | — | Yes: medical card, licensed dispensaries | Visiting medical patients: 90-day card |
| Louisiana | Fine up to $100 (14 g or less) | Production is an offence | No adult-use sale | ⚠ Not yet verified | Therapeutic marijuana via permitted retailers | ⚠ Not yet verified |
| New Mexico | Legal for adults 21+, within limits | Yes: 12 plants, 6 mature | Licensed retailers | Banned in public spaces | Medical cannabis programme | Source silent on visitors |
| Oklahoma | Criminal offence without a medical licence | ⚠ Not yet verified | Prohibited (licensed medical dispensaries only) | — | Licensed patients (broad access) | Out-of-state medical patients: 30-day licence |
More rules in Texas
- Car speed limitsBuilt-up areas: 30 mph · Outside built-up areas (single carriageway): 70 mph; 60 mph on unnumbered roads
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (Class C, after 6 months on permit) · Earliest age to drive a car supervised: 15 (learner licence)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 15
- FireworksConsumers may buy and use category F2 fireworks: Yes (no bottle rockets) · Minimum age to buy: 16
- Knives and pepper sprayFolding pocket knives: No carry ban for blades up to 5.5 in · Locking or one-handed knives: No separate rule
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 (minors may not buy) · Minimum age to buy spirits: 21 (minors may not buy)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: Zero (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.