Texas Marijuana Law
Updated July 29, 2024
Current Status: CBD With THC Only
In the state of Texas, marijuana is currently only legal for medicinal purposes. The Compassionate Use Act was passed in 2015, allowing patients with certain medical conditions to access low-THC cannabis oil containing up to 0.5% tetrahydrocannabinol (THC). This form of cannabis, commonly known as CBD, has been found to have therapeutic effects for certain conditions.
Public Consumption Laws
Despite the legalization of medical marijuana in Texas, the state has strict laws surrounding public consumption. Possessing any amount of marijuana for recreational use is still illegal and can result in criminal charges. This includes smoking or consuming marijuana in public places, such as parks or sidewalks.
Cannabis DUI Laws
In Texas, it is illegal to operate a vehicle while under the influence of marijuana. Similar to alcohol DUI laws, if a driver is found to have any amount of THC in their system while driving, they can face criminal charges and penalties.
Cultivation Laws
Growing marijuana for any purpose is illegal in the state of Texas. This includes both recreational and medical purposes. Only licensed dispensaries are allowed to grow and distribute low-THC cannabis oil.
Possession Laws
Possession of any amount of marijuana for recreational use is considered a crime in Texas. The severity of the charges and penalties varies depending on the amount of marijuana in possession. Possession of medical marijuana is legal for patients with a valid prescription under the Compassionate Use Act. However, possession of more than the allowed amount can still result in criminal charges.
Brief Legislative History
- 1931: Marijuana was first criminalized in Texas.
- 1973: Possession of small amounts (2 ounces or less) was made a misdemeanor instead of a felony.
- 2015: The Compassionate Use Act was passed, legalizing low-THC cannabis oil for medical purposes.
- 2019: House Bill 63, which would have decriminalized possession of small amounts of marijuana, failed to pass.
*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.