Adult use
Not legal
Recreational marijuana is illegal statewide. No legalization bill has passed both chambers of the Legislature, and Texas has no statewide citizen ballot initiative.
How state law worksTexas cannabis law tracker, written for Houston
Is weed legal in Texas right now?
No. Recreational marijuana is not legal anywhere in Texas, Houston included. Possessing up to two ounces is a Class B misdemeanor under state law, and cannabis concentrates are treated more harshly than flower. The legal exceptions are narrow: patients with a qualifying condition can get a low-THC prescription through the state's Compassionate Use Program, and hemp products are allowed only within tight state rules that got tighter in 2026. In Harris County, many people caught with small amounts are offered a pre-charge diversion class instead of a charge, and Houston voters decide Prop A on November 3, 2026. None of that changes state law, which is what the rest of this site explains.
Status board
Texas law as of our last reviewMedical
Limited program
Low-THC prescriptions for listed conditions through the Compassionate Use Program. Expanded in 2025 to cover chronic pain, TBI, Crohn's and more. Smoking is not allowed.
Who qualifiesPossession in Houston
Still a crime
Up to two ounces is a Class B misdemeanor. Harris County often offers pre-charge diversion for small amounts. Prop A, an HPD priority measure, is on the November 3, 2026 ballot.
What happens locallyHemp regulation
Tightened in 2026
Sales limited to 21 and over, THCA now counts toward the THC limit, and delta-8 is back on the state controlled substances schedule. Federal changes start November 12 and December 11, 2026.
The hemp rule changesLatest changes
See the full tracker- Houston votes on Prop A, the marijuana enforcement and no-knock warrant charter amendmentPending
- Congress pushes most of the federal hemp redefinition to December 11, 2026Signed
- Texas puts its 2021 THC definitions back on the controlled substances scheduleIn effect
- Appeals court lets the state enforce its 2026 hemp rules while the lawsuit continuesIn court
- DPS corrects its scoring and updates the list of conditional medical cannabis licenseesPending
The guides
Every guide opens with a short answer, then the details. We stick to what the law says and how it is applied, with links to the official sources so you can check our work.
Texas cannabis law, explained
What is legal, what is not, possession penalties by amount, paraphernalia, concentrates and driving.
Texas medical marijuana
The Compassionate Use Program: conditions, the THC limits, how prescriptions work and what it does not cover.
Houston and Harris County
Marijuana diversion, cite and release, Prop A, and why the county you are standing in matters.
How a cannabis bill becomes law
Texas meets every other year. The calendar, committees, vetoes and when new laws kick in.
What would change if Texas legalized
The proposals Texas has seen, what other states did, and the questions Texans argue about.
Federal law and Texas
Schedule I, the 2026 medical rescheduling order, the federal hemp redefinition and what none of it changes here.
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