The timeline
The Texas cannabis law tracker
Every change to Texas weed law we follow, newest first: bills at the Capitol, vetoes and executive orders, court rulings, the medical program, Houston and Harris County policy, and the federal moves that land here. Open any entry for the plain-English explanation and links to the official record.
How to read the statuses: Passed cleared the Legislature, Signed means signed or issued but some parts may not be in force yet, In effect is the law right now, Pending is still in motion (a vote, a license decision, a rulemaking), In court is being litigated, and Failed or Vetoed means it died. Hemp items are listed here only as law and regulation.
- PendingLocal Houston and Harris County
Houston votes on Prop A, the marijuana enforcement and no-knock warrant charter amendment
City of Houston voters decide whether HPD must make Class A and Class B misdemeanor marijuana possession its lowest enforcement priority. Election Day is November 3, 2026.
Read the detailsProposition A would add a new article to the Houston City Charter called the Houston Freedom Act. If it passes, the Houston Police Department would have to make enforcement of Class A and Class B misdemeanor marijuana possession (up to four ounces) its lowest possible enforcement priority, unless and until a binding state or federal court act requires otherwise. The text also says the city supports diversion where legally allowed, requires a report when an officer seizes suspected marijuana, calls for budget transparency on THC lab testing, orders a one time audit of five years of misdemeanor marijuana enforcement, sets up annual public reports, and bans no-knock search warrants by Houston police.
What it does not do: it does not legalize marijuana, it does not change state law, and it does not bind the Harris County District Attorney, the Sheriff's Office, DPS or any other agency. Possession stays a crime under the Texas Health and Safety Code either way. Houston City Council ordered the election in August 2026 after a petition drive. State courts have already ruled against similar voter-approved ordinances in other Texas cities, so expect any outcome to be argued over. We will update this entry with the result.
- SignedFederal
Congress pushes most of the federal hemp redefinition to December 11, 2026
A federal stopgap spending law split the start date of the new federal hemp definition. One piece starts November 12, 2026; most of the rest starts December 11, 2026.
Read the detailsIn November 2025, Congress rewrote the federal definition of hemp (see the November 12, 2025 entry). That change was set to start on November 12, 2026. On September 2, 2026, a continuing resolution (Public Law 119-103) delayed portions of the new definition until December 11, 2026.
According to the Congressional Research Service, the exclusion for cannabinoids that the plant cannot produce naturally still begins November 12, 2026, while the other portions, including the total THC standard and the per container THC cap for finished products, begin December 11, 2026. For Texas this matters because state hemp rules are tied to the federal definition in several places. This is a law change only. It does not change Texas marijuana law.
- In effectLegislature
Texas puts its 2021 THC definitions back on the controlled substances schedule
After the Texas Supreme Court ruled for the state, DSHS reinstated its 2021 definitions of tetrahydrocannabinols and marihuana extract, effective July 31, 2026.
Read the detailsIn 2021 the DSHS commissioner changed the Texas Schedules of Controlled Substances so that THC other than up to 0.3 percent delta-9 THC in hemp stayed controlled. A Travis County court blocked those definitions for almost five years. The Texas Supreme Court reversed that injunction on May 1, 2026, and the case formally ended on June 5, 2026.
DSHS then published a notice in the July 10, 2026 Texas Register reinstating the 2021 definitions, which took effect July 31, 2026. In plain terms, the state treats hemp-derived THC isomers other than delta-9 (delta-8 is the best known) as Schedule I controlled substances, with an exception for naturally occurring trace amounts. Separately, Texas law already lists tetrahydrocannabinols other than marihuana in Penalty Group 2 of the Controlled Substances Act. Lawsuits challenging parts of this are still moving through state court.
- In courtCourts
Appeals court lets the state enforce its 2026 hemp rules while the lawsuit continues
The Fifteenth Court of Appeals lifted a Travis County injunction, so the DSHS consumable hemp rules that took effect March 31, 2026 can be enforced during the appeal.
Read the detailsHemp businesses sued DSHS in April 2026 over the new consumable hemp rules (the Texas Hemp Business Council case). A Travis County court first issued a temporary restraining order and then, on May 1, 2026, a temporary injunction against key parts of the rules.
The state appealed to the Fifteenth Court of Appeals, the statewide court created in 2023 to hear cases involving the state. On June 5, 2026, that court allowed the rules to be enforced while the appeal is pending, and it declined to reinstate the injunction later in June. The underlying case has not reached a final judgment, so this entry stays marked In court. DSHS told a Senate committee in July 2026 that it was enforcing the March 31 rules.
- PendingMedical program
DPS corrects its scoring and updates the list of conditional medical cannabis licensees
The Texas Department of Public Safety re-ran its scoring for the 12 new Compassionate Use Program licenses, changing which companies hold conditional licenses.
Read the detailsHB 46 (2025) told DPS to license 12 more dispensing organizations, nine by December 1, 2025 and three more by April 1, 2026, for a total of 15. DPS ran the selection in two phases and named conditional licensees in each.
On May 8, 2026, DPS announced it had corrected its tabulation method. Three companies that had been conditionally awarded licenses were moved to the eligibility list, and others were moved up. DPS stresses that a conditional license is not permission to grow, make or sell anything. Each company still has to clear due diligence before getting a final license, and once licensed it has 24 months to start dispensing. This one stays Pending until DPS reports final licenses.
- In effectCourts
Texas Supreme Court sides with DSHS in the delta-8 case
In DSHS v. Sky Marketing Corp., the court held that the DSHS commissioner had authority to keep manufactured delta-8 THC on the controlled substances schedule, and it reversed the injunction.
Read the detailsThis case started in 2021, when hemp businesses challenged DSHS's updated definitions of THC. A Travis County court blocked the definitions, and that order held for years while the case worked its way up.
On May 1, 2026, the Supreme Court of Texas ruled that the businesses could bring the suit but that the commissioner acted within her authority, and it reversed the temporary injunction. Rehearing was denied and the case closed on June 5, 2026. The practical result is the July 31, 2026 reinstatement described in its own entry. The opinion is about the state's power to schedule these substances. It is not a ruling on marijuana possession.
- In effectFederal
Federal order moves state-licensed medical marijuana to Schedule III
A Justice Department final order placed FDA-approved marijuana products and marijuana covered by a state medical marijuana license in Schedule III. All other marijuana stays in Schedule I.
Read the detailsThe order was published in the Federal Register on April 28, 2026. It covers two categories: marijuana in an FDA-approved drug product, and marijuana subject to a state medical marijuana license. It also set up a faster DEA registration path for state medical licensees. It did not legalize recreational use.
The bigger question, whether all marijuana moves from Schedule I to Schedule III, went to a separate DEA administrative hearing, built on the proposal first published in May 2024. As of late October 2026 that proceeding is still open and no final rule has been published. For Texans, the federal change does not alter state law: possession outside the Compassionate Use Program is still a state crime. How the federal order applies to Texas's low-THC program is a question for federal regulators, and we have not seen an official answer.
- In effectLegislature
New DSHS consumable hemp rules take effect, counting THCA toward total THC
DSHS adopted permanent rules for consumable hemp products, including a 21 and over sales age, ID checks, a total THC test that includes THCA, and much higher license fees.
Read the detailsThese rules came out of the governor's September 2025 executive order (GA-56). DSHS proposed them in December 2025 and adopted them in the March 20, 2026 Texas Register, effective March 31, 2026.
The main legal changes: sales to anyone under 21 are prohibited and ID must be checked; the definition of total delta-9 THC now includes THCA, so a product's THCA counts toward the 0.3 percent limit; testing, labeling, recordkeeping and inspection requirements were tightened; and registration and license fees went up sharply. The rules were briefly blocked by a Travis County court in April and May 2026, then put back in force on June 5, 2026 while the appeal continues (see that entry).
- SignedFederal
Presidential executive order tells the Justice Department to speed up rescheduling
Executive Order 14370 directed the Attorney General to finish the rulemaking on moving marijuana to Schedule III as quickly as federal law allows.
Read the detailsThe order, signed December 18, 2025 and published in the Federal Register on December 23, 2025, also called for more research on medical marijuana and CBD and for work on a federal framework for hemp-derived cannabinoid products. An executive order cannot reschedule a drug by itself. It points the agencies at the process, and the April 2026 order covering state-licensed medical marijuana followed. It does not change Texas law.
- PendingMedical program
DPS names the first nine conditional medical cannabis licensees
Phase I of the Compassionate Use Program expansion picked nine companies for conditional licenses, subject to more due diligence.
Read the detailsHB 46 required DPS to license nine new dispensing organizations by December 1, 2025. DPS announced nine businesses for Phase I, each assigned to a public health region, and said three more would follow in Phase II by April 1, 2026. Phase II started on April 2, 2026, and the list was later revised (see the May 8, 2026 entry). Conditional licensees cannot grow or sell anything until DPS issues a final license.
- SignedFederal
Congress rewrites the federal definition of hemp
A federal spending law switched hemp to a total THC standard and capped finished hemp-derived cannabinoid products at 0.4 milligrams of total THC per container, with a one-year delay.
Read the detailsSection 781 of Public Law 119-37 (the bill that ended the fall 2025 federal shutdown) amended the federal hemp definition from the 2018 farm bill. The new definition counts THCA and similar cannabinoids toward the THC limit, excludes products with cannabinoids that the plant cannot produce naturally or that were synthesized outside the plant, and caps finished products at 0.4 mg total THC per container. It was set to start November 12, 2026, and parts of it were later delayed to December 11, 2026 (see the September 2, 2026 entry).
This is federal law. Texas has its own hemp statute and rules, which is why both levels show up on this tracker.
- In effectLegislature
Governor issues Executive Order GA-56 on hemp products
After two special seshes ended without a hemp law, the governor ordered DSHS, TABC and DPS to bar sales of consumable hemp products to anyone under 21 and to tighten testing and enforcement.
Read the detailsGA-56 told state agencies to use the authority they already have under existing law. TABC adopted emergency rules on September 23, 2025 (enforced from October 1) barring its licensees from selling consumable hemp products to anyone under 21 and requiring ID checks. DSHS adopted its own emergency age rules in early October 2025 and then the permanent rules that took effect March 31, 2026.
An executive order is not a statute. It directs agencies, and the agencies then write rules that can be challenged in court, which is exactly what happened in 2026.
- FailedLegislature
Hemp THC ban dies again as the second special sesh ends
The Senate passed SB 5 in the first special sesh and SB 6 in the second. Neither got a vote in the House, and the Legislature adjourned with no new hemp law.
Read the detailsAfter the SB 3 veto, the governor put hemp regulation on the agenda of the first called sesh, which began July 21, 2025. The Senate passed SB 5, a ban similar to SB 3, but the House did not pass it (the first sesh was also swamped by a quorum break over redistricting).
In the second called sesh the Senate passed SB 6, which would have broadly banned consumable hemp products containing a detectable amount of any cannabinoid, with narrow exceptions. It was referred to a House committee and never got a hearing. The second sesh ended September 3, 2025 with no hemp bill, and the governor turned to an executive order a week later.
- VetoedLegislature
Governor vetoes SB 3, the statewide hemp THC ban
SB 3 would have banned consumable hemp products containing THC. The governor vetoed it on the last day he could act and called a special sesh to take up hemp regulation instead.
Read the detailsSB 3 passed both chambers in the regular sesh. Under the Texas Constitution, a bill the governor neither signs nor vetoes in time becomes law without a signature, so the June 22, 2025 deadline was real. He vetoed it that night. In his veto message he argued the ban would face strong constitutional challenges and put state and federal law in conflict, and he asked for regulation instead. Because the Legislature had already adjourned, there was no chance to override.
- In effectMedical program
HB 46 signed, the biggest expansion of the Compassionate Use Program so far
HB 46 added chronic pain, traumatic brain injury, Crohn's and other inflammatory bowel disease, and terminal illness or hospice care as qualifying conditions, and grew the program to 15 licensed dispensing organizations. It took effect September 1, 2025.
Read the detailsKey changes in the enrolled bill: low-THC cannabis is now defined as no more than 10 milligrams of THC per dosage unit (replacing the old 1 percent by weight cap); a package or inhalation device can hold no more than one gram of THC; doctors can prescribe pulmonary inhalation (an aerosol or vapor, not smoking) when medically necessary; prescriptions cover a 90-day supply with up to four refills; DPS must issue 15 licenses in total; licensees may run approved satellite locations; and cities and counties cannot ban activity the program authorizes. Smoking is still not a permitted medical use, and patients must be permanent Texas residents.
- PendingFederal
Federal government proposes moving marijuana to Schedule III
The Justice Department published a proposed rule to move marijuana from Schedule I to Schedule III of the federal Controlled Substances Act.
Read the detailsThe proposal followed a 2023 recommendation from the Department of Health and Human Services. A proposed rule is not law. It led to a long administrative hearing process at the DEA. In April 2026 a separate final order moved state-licensed medical marijuana to Schedule III, while the broader proposal covering all marijuana is still pending as of late October 2026.
- In effectLegislature
HB 17 takes effect, letting courts remove prosecutors who refuse to prosecute a class of crimes
The law expanded the definition of official misconduct for district and county attorneys to include adopting a policy of not prosecuting a class or type of offense.
Read the detailsHB 17 lets a resident of the county file a petition to remove a prosecutor who refuses to prosecute an entire category of crime. Low-level marijuana possession was one of the examples discussed during debate. The law exempts pretrial diversion programs, which is part of why Harris County's diversion approach still exists. Researchers and local officials have pointed to this law as one reason prosecutors in big Texas counties have been more cautious about blanket marijuana policies.
- In effectMedical program
HB 1535 adds PTSD and all cancers to the Compassionate Use Program
HB 1535 opened the program to patients with any cancer (not only terminal cancer) and post-traumatic stress disorder, and raised the THC cap from 0.5 percent to 1 percent by weight.
Read the detailsHB 1535 also created a path for approved research programs through institutional review boards. The 1 percent cap it set was later replaced by HB 46's per-dose limit in 2025.
- SignedLocal Houston and Harris County
HPD joins the Harris County cite and release program, with marijuana routed to diversion
A City of Houston executive order put HPD into the county's cite and release program for some misdemeanors. Misdemeanor marijuana possession was handled through the county's marijuana diversion program instead.
Read the detailsCite and release lets an officer write a citation and a court date instead of booking someone into jail for certain Class A and Class B misdemeanors, under Article 14.06 of the Code of Criminal Procedure. Houston's Executive Order 1-68 listed misdemeanor marijuana possession (four ounces or less) as excluded from cite and release because those cases go through the Misdemeanor Marijuana Diversion Program. In 2026 HPD told reporters it has no general order telling officers whether to arrest for misdemeanor possession, so practice can vary by officer and situation.
- In effectLegislature
HB 1325 legalizes hemp in Texas
The Texas hemp law took hemp (cannabis with no more than 0.3 percent delta-9 THC) and the THC in hemp off the state controlled substances list, and set up licensing for growing, making and selling hemp products.
Read the detailsHB 1325 followed the 2018 federal farm bill. It gave the Texas Department of Agriculture the job of licensing growers and DSHS the job of regulating consumable hemp products (Chapter 443 of the Health and Safety Code). It took effect immediately. A side effect hit prosecutors: crime labs now had to tell legal hemp from marijuana by measuring THC, and prosecutors around the state had to rethink how they handled small marijuana cases.
- In effectMedical program
HB 3703 widens the Compassionate Use Program beyond epilepsy
HB 3703 added seizure disorders, multiple sclerosis, spasticity, ALS, autism, terminal cancer and incurable neurodegenerative diseases as qualifying conditions.
Read the detailsBefore HB 3703 only intractable epilepsy qualified, and two specialists had to sign off. The 2019 law expanded the list of conditions and the kinds of physicians who could prescribe. It took effect when signed in June 2019.
- In effectLocal Houston and Harris County
Harris County launches the Misdemeanor Marijuana Diversion Program
The Harris County District Attorney's Office began offering eligible adults caught with up to four ounces a pre-charge diversion: complete a class and no charge is filed.
Read the detailsThe program is a pre-charge agreement between the DA's office and local law enforcement. Eligible adults (17 and older) complete an education program and, if they finish, have no record of an arrest or charge for that possession. People are not eligible if, for example, they are on felony probation, already on a Harris County bond, carrying a handgun along with the marijuana, or caught with it in a corrections facility. The DA's office says the program remains in effect, and eligibility was broadened after the current DA took office in 2025. Diversion is an offer, not a right, and it does not make possession legal.
- In effectMedical program
SB 339 creates the Texas Compassionate Use Program
The Texas Compassionate Use Act allowed low-THC, high-CBD cannabis oil by prescription for intractable epilepsy, dispensed by state-licensed organizations.
Read the detailsSB 339 set up the physician registry run by DPS and required DPS to license at least three dispensing organizations. The original cap was 0.5 percent THC. Every expansion since (2019, 2021, 2025) has built on this framework rather than replacing it.
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