Short answer
Texas marijuana laws have not changed on the big question: recreational weed is illegal, and possessing up to two ounces is a Class B misdemeanor that can carry up to 180 days in jail. Concentrates are treated as a separate, more serious category, so even a small amount can be a felony.
The legal paths are the Compassionate Use Program (low-THC prescriptions for listed conditions) and hemp products that meet state rules. Local policies like Harris County's diversion program change how cases are handled, not what the law says.
The bottom line
If you remember one thing: Texas law treats marijuana as a controlled substance, and local policies, federal headlines and the hemp aisle at the gas station do not change that. The rules live mainly in the Texas Controlled Substances Act, which is Chapter 481 of the Health and Safety Code (read it on the Legislature's statutes site). The penalty ranges for each class of offense come from the Penal Code.
What follows is how the law reads. How it gets applied in a given case depends on the agency, the prosecutor, the amount, where you are and what else is going on. That is why this is general information and not legal advice.
What is legal in Texas
- Low-THC cannabis by prescription. Through the Compassionate Use Program, a registered physician can prescribe low-THC cannabis to a permanent Texas resident with a qualifying condition. Since HB 46 took effect on September 1, 2025, "low-THC" means no more than 10 milligrams of THC per dose, and smoking is still not a permitted medical use.
- Hemp that meets state rules. Texas legalized hemp in 2019. Consumable hemp products are legal only if they meet the state's THC limits and DSHS rules, which got much stricter in 2026. We cover hemp only as law; see hemp, as law below.
- Talking about it, advocating, voting on it. Obvious, but worth saying: discussing reform, signing petitions and voting on measures like Houston's Prop A are protected political activity.
What is not legal
- Possessing marijuana for recreational use, any amount.
- Selling, delivering or giving it away. Delivery is its own offense, and the grade depends on the amount and whether money changed hands.
- Growing it at home, including for medical use. Only state-licensed dispensing organizations can cultivate.
- Possessing THC concentrates (oils, wax, most vape cartridges) outside the medical program.
- Bringing marijuana into Texas from a state where it is legal. A legal purchase elsewhere is not a defense here, and crossing state lines adds federal exposure.
Possession penalties, by amount
These are the grades set by Section 481.121 of the Health and Safety Code for marijuana (the plant material, sometimes called flower), with the general punishment ranges from Chapter 12 of the Penal Code. Judges, prosecutors and diversion programs can change what actually happens in a case. The ranges below are the maximum exposure the law allows.
| Amount of marijuana | Offense grade | Punishment range |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days in county jail and a fine up to $2,000 |
| More than 2 ounces, up to 4 ounces | Class A misdemeanor | Up to 1 year in county jail and a fine up to $4,000 |
| More than 4 ounces, up to 5 pounds | State jail felony | 180 days to 2 years in a state jail and a fine up to $10,000 |
| More than 5 pounds, up to 50 pounds | Third-degree felony | Felony prison range |
| More than 50 pounds, up to 2,000 pounds | Second-degree felony | Felony prison range |
| More than 2,000 pounds | First-degree felony | 5 to 99 years or life, and a fine up to $50,000 |
A few things move cases up the ladder: possession in a drug-free zone (near a school, for example), prior convictions, and other charges at the same time. Carrying a handgun while committing a crime, including misdemeanor possession, can bring a separate weapons charge, and it disqualifies people from Harris County's diversion program.
Concentrates, vapes and edibles
This is the part that surprises people. Texas law separates "marihuana" (the plant) from "tetrahydrocannabinols, other than marihuana," which are listed in Penalty Group 2 of the Controlled Substances Act. Oils, wax, shatter, most vape cartridges and many edibles made with THC extract fall into that second bucket outside the medical program.
Penalty Group 2 is graded by weight, and the weight usually includes the whole product, not just the THC. Possessing less than one gram is a state jail felony. So a single vape cartridge can carry more legal exposure than a bag of flower. This is one of the most common gaps between what people assume and what the statute says.
Paraphernalia
Possessing drug paraphernalia (pipes, bongs, rolling papers or grinders, when used or intended for use with a controlled substance) is a Class C misdemeanor under Section 481.125, punishable by a fine of up to $500 and no jail. Selling or delivering paraphernalia is graded higher. The law looks at intended use, which is why the same item can be legal on a store shelf and a ticket in a car with residue in it.
Driving
Texas DWI law covers more than alcohol. Under Penal Code Chapter 49 (read it here), you are intoxicated if you do not have the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug or a combination. Unlike the 0.08 alcohol limit, Texas does not set a THC number for driving. The question is impairment, and officers use field sobriety tests, observations and sometimes blood tests. A medical prescription is not a defense to driving while impaired.
Hemp, as law
Hemp is cannabis with no more than 0.3 percent delta-9 THC. Texas legalized it in 2019 (HB 1325), and DSHS regulates consumable hemp products under Chapter 443 of the Health and Safety Code. Since then the legal ground has moved a lot:
- A full ban on hemp THC products (SB 3) passed in 2025 and was vetoed. Two later bans died in special sesh.
- An executive order in September 2025 led to rules barring sales to anyone under 21 and requiring ID checks.
- New DSHS rules effective March 31, 2026 count THCA toward the THC limit and tightened testing and licensing. An appeals court let them be enforced from June 5, 2026 while a lawsuit continues.
- After the Texas Supreme Court ruled for DSHS on May 1, 2026, the state reinstated its 2021 THC definitions effective July 31, 2026, putting delta-8 and similar isomers back on the controlled substances schedule.
- A federal redefinition of hemp starts in two stages on November 12 and December 11, 2026.
Each step is logged with sources in the Legislature, Courts and Federal tracker categories. We do not review, compare or recommend hemp products, and nothing here should be read as saying any product is legal to buy or carry.
State law vs. Houston practice
State law applies the same way in Houston as in Lubbock. What differs is enforcement. In Harris County, the District Attorney's Office runs a pre-charge Misdemeanor Marijuana Diversion Program for eligible adults caught with up to four ounces. Finish an education program and no charge is filed. Houston voters will also decide Prop A on November 3, 2026, which would make misdemeanor possession HPD's lowest enforcement priority.
Two cautions. First, diversion is offered, not guaranteed, and the eligibility rules have real exclusions. Second, the Houston city limits spill into Fort Bend and Montgomery counties, and the Harris County program does not cover cases prosecuted there. The Houston and Harris County guide lays it out.
Records and what comes after
A conviction for even a Class B misdemeanor creates a criminal record that can show up on background checks for jobs, housing and licenses. Completing a pre-charge diversion like Harris County's is designed to leave no record of a charge for that possession. Expunction and orders of nondisclosure are the main tools for clearing records in Texas, and eligibility depends on the outcome of the case. That is a conversation for a lawyer, and free legal aid groups operate in Houston.