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.

RuleWhat applies
Possession for personal usePersonal use by an adultCriminal offence [1]
Quantity limitsPersonal use by an adultNo 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 adultProhibited [1]
Medical cannabisPersonal use by an adultRestricted programme only [2]
Driving after cannabis usePersonal use by an adultDriving 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

  1. Texas Legislative Council: Texas Health and Safety Code, Chapter 481 - Texas Controlled Substances Act (consulted 9 October 2026) · all sources
  2. Texas Legislative Council: Texas Health and Safety Code, Chapter 487 - Texas Compassionate-Use Act (consulted 9 October 2026) · all sources
  3. 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 useCriminal offence (source: U.S. Government Publishing Office (govinfo))
Growing at homeProhibited (source: U.S. Government Publishing Office (govinfo))
Sale to consumersProhibited (source: U.S. Government Publishing Office (govinfo))

Texas and neighbouring states

StatePossession for personal useGrowing at homeSale to consumersUse or carrying in public placesMedical cannabisVisitors
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

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.