Cannabis in Texas: Laws, Legal Status, Recreational & Medical Use

Texas prohibits recreational marijuana and provides medical access through the Compassionate Use Program (CUP). The 2025 expansion widened eligibility and authorized additional dispensing licenses, but conditional selection is not permission to open a dispensary. Hemp is governed by separate product, testing and retail rules, including important 2026 changes to delta-8 THC.

Cannabis Legal Status in Texas

Texas allows medical cannabis use through a tightly regulated system, but recreational use remains a criminal offense statewide. While some major cities have explored reduced enforcement for small amounts, state law remains the ultimate authority, and local policies do not override the potential for criminal charges under the Texas Health and Safety Code.

Recreational Cannabis Laws in Texas

Legal Age Requirements

Recreational marijuana is prohibited at every age. DSHS requires consumable hemp licensees and retail registrants to verify customers are at least 21 using government-issued identification. Medical eligibility is separate and does not have that same minimum age.

Possession Limits

Section 481.121 classifies unauthorized marijuana possession by weight:

• Two ounces or less: Class B misdemeanor.
• More than two ounces through four ounces: Class A misdemeanor.
• More than four ounces through five pounds: state jail felony; larger quantities carry higher felony classifications.

These marijuana thresholds should not be applied to every concentrate or infused product.

Where Cannabis Can Be Purchased

Texas has no recreational marijuana retail system. Medical patients must use a DPS-licensed dispensing organization. Hemp sellers need the applicable DSHS license or retail registration; that credential does not authorize marijuana sales.

Public Consumption Laws

Recreational marijuana possession does not become lawful on private property. Medical authorization also does not permit impaired driving. Texas’s DWI statute addresses operating a motor vehicle in a public place while intoxicated, including loss of normal mental or physical faculties from drugs. It does not set an automatic numerical THC threshold equivalent to the alcohol limit.

Home Cultivation

Medical patients cannot grow their own marijuana. DPS requires patients to obtain prescribed products from licensed dispensing organizations. Charges and penalties depend on the conduct and applicable weight thresholds.

Medical Cannabis in Texas

Medical Cannabis Program

DPS’s April 1, 2026 announcement added three conditional selections to nine announced in December 2025. The expansion calls for 12 additional licenses, bringing the statutory total to 15. Conditional selections require further due diligence and final approval before cultivation, manufacture, distribution or sales.

Qualifying Conditions

DPS’s patient guidance lists ALS, autism, cancer, Crohn’s disease or other inflammatory bowel disease, a condition causing chronic pain, epilepsy, an incurable neurodegenerative disease, multiple sclerosis, PTSD, seizure disorders, spasticity, traumatic brain injury, and terminal illness or a condition receiving hospice or palliative care. Approved research programs have a separate route.

Patients must be permanent Texas residents, and a qualified physician must find the risk reasonable in light of potential benefit. Veteran status alone does not establish eligibility for every debilitating condition.

Patient Registration

The physician enters the prescription in CURT. Patients do not apply for a physical state medical card or pay a state registration fee. To collect medicine, the patient or guardian provides identification and the required identifying information to the dispenser. Out-of-state prescriptions cannot simply be filled through CUP.

Medical vs Recreational Differences

Chapter 169 uses a ten-milligram THC limit per dosage unit. A prescription may cover a 90-day supply and up to four 90-day refills. More than one package may be prescribed in a 90-day period. Section 487.107 separately caps a package, container or pulmonary device at one gram of THC.

Smoking by combustion remains excluded. A physician may prescribe pulmonary aerosol or vapor when medically necessary; DSHS lists approved devices. These approvals do not authorize ordinary recreational vapes.

DPS says CUP participation alone does not disqualify someone from a Texas License to Carry, but the underlying condition can affect eligibility. That statement should not be treated as a blanket determination of every firearm-law question.

Is CBD Legal in Texas?

Some hemp-derived CBD products may be sold under the consumable hemp program. Compliance depends on the product and seller, not merely the word CBD on a label.

Hemp-Derived CBD

The March 2026 adopted rules include THCA in total delta-9 THC testing. A low delta-9 result by itself therefore does not establish compliance for high-THCA flower. Manufacturing smokable hemp in Texas is prohibited. DSHS separately reports a court injunction concerning distribution and retail sales; retailers still need to check applicable testing and controlled-substance restrictions.

DSHS’s current notice states that the delta-8 scheduling action took effect July 31, 2026. Only naturally occurring trace delta-8 from the source hemp plant is permitted; products labeled for delta-8 or containing more than trace amounts may be detained and referred to law enforcement. The agency also reports annual fees restored to $10,000 per licensed location and $5,000 per retail registration location, plus online fees.

Cannabis-Derived CBD

A marijuana-derived product requires the applicable CUP authorization. An ordinary hemp retail registration is not a medical dispensing license.

CBD Food and Beverage Laws

Texas’s consumable hemp framework includes foods and drinks, subject to testing, labeling, packaging and seller requirements. TABC’s own hemp rules apply to its license and permit holders: verify age 21, do not supply minors, and prohibit consumption at specified off-premises alcohol retailers. A TABC credential alone does not authorize hemp sales.

The FDA’s restrictions on added CBD or THC in interstate food commerce remain separate from Texas retail rules.

Public Law 119-103, approved September 2, 2026, includes a section 2019 extension until December 11, 2026 for most new federal hemp restrictions. November 12 remains the start for products containing cannabinoids the plant cannot naturally produce. The deferred provisions of section 781 include the revised total-THC definition and finished-product exclusion above 0.4 mg per container of combined THC and specified similarly acting cannabinoids. This does not defer existing Texas restrictions.

Buying CBD in Texas

The companies below offer hemp products. Check current batch tests, labeling, seller registration and shipping restrictions for the specific product.

1. CBDfx

CBDfx offers a range of hemp-derived CBD products including gummies, tinctures, capsules, vapes, and topical creams. The company produces both broad-spectrum and full-spectrum CBD formulations.

2. Foria

Foria develops plant-based CBD wellness products that combine hemp-derived CBD with botanical ingredients. The brand focuses on topical oils, wellness supplements, and specialized CBD formulations.

3. Vena CBD

Vena CBD produces a selection of CBD products designed for daily use, including gummies, tinctures, and capsules. Products are available in both full-spectrum and THC-free formulations.

4. Koi CBD

Koi CBD offers a variety of hemp-derived CBD products including tinctures, gummies, topicals, and vape products. The company publishes third-party lab reports for product transparency.

5. Extract Labs

Extract Labs produces hemp-derived CBD products including tinctures, gummies, capsules, and topical creams. The company focuses on small-batch manufacturing and clearly labeled cannabinoid content.

Where to Buy Cannabis in Texas

Licensed Cannabis Dispensaries

Use DPS’s dispensing-organization information to verify a supplier. It lists Fluent, Texas Original and Goodblend and explains the additional-license process. Additional locations depend on final approvals and openings.

Online Ordering and Pickup

DPS permits licensed dispensing organizations’ employees to deliver prescriptions. Contact the organization to confirm current delivery coverage, pickup locations, identification requirements and fees; an online order does not replace a valid CURT prescription.

Cannabis Taxes

Do not assume that every medical purchase attracts ordinary sales tax. The Comptroller’s healthcare exemption guidance explains when qualifying drugs and medicines are exempt, including physician-prescribed products. Ask the dispenser for an itemized price and the tax treatment of the specific product; retail hemp products and medical prescriptions should not be treated as one tax category.

Cannabis Penalties and Restrictions

Section 481.116 makes unauthorized possession of a Penalty Group 2 substance below one gram a state jail felony. Aggregate weight includes adulterants and dilutants, so infused products can reach higher thresholds than their THC-dose label suggests. Applicable hemp exclusions and lawful medical possession must still be considered; not every extract is automatically illegal.

Recent Cannabis Legislation in Texas

HB 46 is enacted legislation, while further hemp-policy changes remain distinct from existing rules. TABC reports that agencies are studying consumable hemp regulation ahead of the 90th regular legislative session. Proposals and studies do not create present purchasing rights.

Frequently Asked Questions

Is cannabis legal in Texas?

Only for medical patients with a digital prescription through the Compassionate Use Program. Recreational use is illegal.

Is Delta-8 legal in Texas?

DSHS’s current position permits only naturally occurring trace amounts from the source hemp plant. Products exceeding those trace amounts are subject to the July 31, 2026 scheduling action.

Can I grow my own cannabis in Texas?

No personal marijuana-growing allowance exists under CUP. Patients must use licensed dispensers.

Does Texas have medical marijuana cards?

No. Texas uses a digital registry (CURT) instead of physical cards.

Summary of Cannabis Laws in Texas

Texas medical access requires a qualifying patient, an authorized physician’s CURT prescription and a licensed dispenser. Hemp sales follow a separate framework, with delta-8 restrictions and product testing that cannot be reduced to a low delta-9 label claim. Verify the seller’s current authority and the specific product; medical expansion and conditional licenses do not establish a recreational market.