Texas

Overview

Texas does not have a full medical marijuana program. Its Compassionate Use Program (TCUP), regulated by the Department of Public Safety, lets registered patients with qualifying conditions buy low-THC cannabis prescribed by registered physicians. Possessing two ounces or less of marijuana outside the program is a Class B misdemeanor. Some cities have approved local decriminalization ordinances, which the state has challenged in court. Adult-use cannabis is illegal.

Last reviewed October 2026. General information, not legal advice.

What's Legal

Only low-THC products under the Compassionate Use Program are legal for marijuana-derived cannabis. The expanded program permits approved non-smoked inhalation; smoking remains illegal.

Possession Limits

Registered patients: low-THC products (up to 10 mg THC per dose, 1 g per package) under the Compassionate Use Program

Home Growing

Not permitted

Recent Changes

HB 46 expanded TCUP. It added qualifying conditions, allowed approved non-smoked inhalation, replaced the old 1% THC-by-weight cap with a limit of 10 mg THC per dose and 1 gram per package, and authorized up to 15 dispensing organizations. In 2026 DPS conditionally selected new licensees, which may not operate until approved. State rules also limit consumable hemp products, and smokable hemp is effectively banned.

Driving and Cannabis

Driving while impaired by cannabis is illegal in Texas, as it is in every state, whether or not the cannabis was obtained legally. Officers may rely on field sobriety tests, drug recognition evaluations, and blood tests, and some states set specific THC limits or zero-tolerance rules. Consuming cannabis in a vehicle and carrying open or unsealed packages where the driver can reach them are commonly prohibited. If you have used cannabis, the safest choice is not to drive.

Crossing State Lines and Federal Law

Taking marijuana across state lines is illegal under federal law, even between two states where cannabis is legal, and it may also violate the law of the state you enter. Marijuana is also prohibited on federal land, in national parks, and at airports under TSA jurisdiction. In 2026 the federal government moved FDA-approved products and state-licensed medical marijuana to Schedule III, but adult-use marijuana remains a Schedule I substance, and rescheduling does not legalize interstate transport. Separate federal changes to the legal definition of hemp take effect in late 2026 and will restrict many intoxicating hemp-derived THC products.

Official Resource

Cannabis laws change often, and limits, penalties, and program rules can differ from what is summarized here. This page is general information, not legal advice. Before you rely on any detail, check the official state source below or consult a licensed attorney in Texas.