Texas and Houston marijuana law FAQ

No, not for recreational use. Possessing marijuana is a crime under the Texas Controlled Substances Act. Up to two ounces is a Class B misdemeanor. The legal exceptions are low-THC cannabis prescribed through the Compassionate Use Program and hemp products that meet state rules.

No. Houston follows state law, and the city cannot legalize marijuana. Harris County often offers eligible adults a pre-charge diversion class for small amounts, which changes how a case is handled, not whether possession is legal.

Not officially. Possession is still a crime. Harris County's Misdemeanor Marijuana Diversion Program lets many first-time, small-amount cases end without a charge if the person completes an education program. Prop A, on the November 3, 2026 ballot, would make misdemeanor possession HPD's lowest enforcement priority, but it would not decriminalize possession under state law.

Yes. Officers can arrest for any amount. Many small cases in Harris County are diverted instead, but arrests still happen, especially with other charges, a handgun, probation or bond conditions, concentrates or larger amounts. HPD has said it has no general order directing officers either way.

It depends on the amount. Two ounces or less is a Class B misdemeanor (up to 180 days and a $2,000 fine). Over two up to four ounces is a Class A misdemeanor (up to a year and $4,000). Over four ounces is a felony. Concentrates are graded separately and under one gram is a state jail felony.

No, outside the medical program. Texas law lists tetrahydrocannabinols other than marijuana plant material in Penalty Group 2. Possessing less than one gram, usually counting the whole product's weight, is a state jail felony.

Yes, a limited program. The Texas Compassionate Use Program allows low-THC cannabis (up to 10 mg THC per dose) by prescription for listed conditions. It was expanded in 2025 to include chronic pain, traumatic brain injury, Crohn's disease and terminal illness or hospice care.

Texas does not issue medical cards. A physician registered with the Compassionate Use Registry of Texas evaluates you and, if you qualify, enters a prescription into the state registry. You must be a permanent Texas resident with a qualifying condition, and only state-licensed dispensing organizations can fill it.

A specific list set by law. Epilepsy or seizure disorders, multiple sclerosis, spasticity, ALS, autism, cancer, incurable neurodegenerative disease, PTSD, conditions causing chronic pain, traumatic brain injury, Crohn's or other inflammatory bowel disease, terminal illness or hospice care, and conditions approved for a state research program.

Under current state rules, manufactured delta-8 THC is a controlled substance. The Texas Supreme Court ruled on May 1, 2026 that DSHS had authority to schedule it, and DSHS reinstated its 2021 definitions effective July 31, 2026, with an exception for naturally occurring trace amounts. Related litigation continues. This is a description of the law, not product guidance.

The law changed in 2026. DSHS rules effective March 31, 2026 count THCA toward the 0.3 percent THC limit for consumable hemp products, and an appeals court allowed enforcement from June 5, 2026 while a lawsuit continues. A federal redefinition that also counts THCA starts in late 2026. We describe this only as law.

No statewide ban became law. The Legislature passed SB 3, a hemp THC ban, and the governor vetoed it on June 22, 2025. Ban bills passed the Senate in two special seshes but not the House. The governor then issued an executive order that led to 21-and-over sales rules and stricter DSHS regulations in 2026.

21. Following Executive Order GA-56, TABC and DSHS adopted rules barring sales of consumable hemp products to anyone under 21 and requiring ID checks. DSHS made the rule permanent in rules effective March 31, 2026.

Every other year, in odd-numbered years. The regular sesh lasts up to 140 days starting in January. The 90th Legislature convenes January 12, 2027, and bill filing opens November 9, 2026. The governor can call special seshes of up to 30 days at any time.

Nobody can say, and we will not predict it. Legalization would need to pass both the House and Senate and survive the governor, or pass as a constitutional amendment with two-thirds of each chamber and then voters. No such bill has passed either path before. Watch the tracker once bill filing opens November 9, 2026.

Not by petition. Texas has no statewide citizen initiative. A statewide vote happens only if the Legislature proposes a constitutional amendment by a two-thirds vote of each chamber. Cities can hold charter elections, like Houston's Prop A, but those cannot change state law.

No. Once it crosses into Texas it is subject to Texas law, and a legal purchase elsewhere is not a defense. Carrying cannabis across state lines is also a federal issue.

Yes. Texas DWI law covers impairment from any controlled substance or drug, not only alcohol. There is no set THC number like 0.08 for alcohol; the question is whether you had lost the normal use of your mental or physical faculties. A prescription is not a defense.

Mostly, yes. In April 2026 a federal order moved FDA-approved marijuana products and state-licensed medical marijuana to Schedule III. All other marijuana remains Schedule I, and a broader rescheduling proposal is still pending. Federal changes do not alter Texas law.

Yes. Possessing drug paraphernalia for use with a controlled substance is a Class C misdemeanor, punishable by a fine of up to $500. Delivering or selling it is graded higher.