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In Texas, it is unlawful to possess, distribute, produce, cultivate, or sell marijuana for recreational use.
Although it is allowed to use medical marijuana, Texas has one of the most restrictive programs in the U.S.
Possession of marijuana has heavy penalties, from a class C misdemeanor to a class A felony.
In some counties, including Dallas, Plano, and El Paso, marijuana possession is no longer a crime.
Products made from hemp that contain delta 8 THC and CBD are lawful in Texas as long as they have a delta 9 THC content of no more than 0.3%.
Continue reading to discover more about Texas's cannabis legislation.
Is Weed Legal in Texas?
Recreational use of marijuana is prohibited in Texas, while the state does have a medical marijuana program that permits the usage of low-THC cannabis oil specifically for patients with intractable forms of epilepsy.
Here is further information regarding the various marijuana regulations enforced in Texas.
Is Recreational Marijuana Legal in Texas?
Marijuana is considered a Schedule I substance under the Texas Controlled Substances Act (TCSA), resulting in its illegality in Texas.
The state adheres to federal guidelines concerning marijuana, leading to its prohibition and criminalization for recreational purposes. This encompasses activities such as its use, possession, sale, distribution, and production.
Is Medical Marijuana Legal in Texas?
At present, medical cannabis is permitted in Texas, albeit under strict regulation. In 2015, state authorities initially sanctioned medical marijuana by enacting the Texas Compassionate Use Act, which authorized patients with treatment-resistant epilepsy to utilize cannabis oil containing less than 0.5% THC.
What Are the Penalties for Marijuana Possession in Texas?
Texas has some of the strictest marijuana possession regulations in the country. Two ounces or less of marijuana is considered a class B misdemeanor, punishable by up to $2,000 in fines and 180 days in prison.
Marijuana possession weighing up to four ounces is a class A misdemeanor. The punishments include up to a year in jail and a $10,000 fine.
A felony is committed if someone is found in possession of more marijuana, especially if they intend to sell it. The maximum term is 99 years in prison, with a five-year mandatory minimum.
Is Marijuana Decriminalized in Texas?
Although it is unlawful to possess marijuana in Texas, several counties have decriminalized it, giving citations to complete a 4-hour "educational" marijuana program.
The following counties have decriminalized marijuana:
Austin
Bexar County
Cedar Park
Dallas
El Paso
Harris County
Hays County
Nueces County
Plano County
Travis County
Williamson County
Public Opinion and Shifting Attitudes
One significant factor influencing the ongoing debate about marijuana legalization in Texas is the changing public opinion. Across the United States, including in conservative states like Texas, polls have consistently shown an increasing majority of citizens supporting some form of cannabis legalization, whether for medical or recreational purposes.
The economic potential of a legal cannabis industry also cannot be ignored. Many states that have legalized marijuana have seen substantial tax revenues generated from cannabis sales, which can be allocated to important social programs and public services.
What’s the Future of Cannabis Legalization in Texas?
Approximately 67% of Texans are in favor of legalizing marijuana, with 79% of Democrats and 70% of independent voters supporting the idea.
Interestingly, even 51% of Texan Republicans are supportive of legalizing cannabis.
Texas is likely to experience significant changes in 2023, which could be a landmark year for the state. However, it's worth noting that in 2021, out of 52 attempts to improve current regulations, only 3 were successful in passing.
FAQ
Is Growing Weed Illegal in Texas?
No, it's against the law to cultivate, harvest, or grow cannabis plants in Texas. State law will treat marijuana cultivation as a possession offense if you are found out.
Who Can Use Medical Marijuana in Texas?
In 2019, incurable neurological ailments, autism, seizure disorders, and terminal cancer were added to the list of qualifying conditions.
In conclusion, if you've been given the following diagnoses, you may consume low-THC cannabis oil:
Autism
MSA (amyotrophic lateral)
Epilepsy
a number of sclerosis
Spasticity
advancing cancer
neurological conditions
Traveling with Marijuana in Texas?
Traveling with marijuana is not an option because it is prohibited in Texas. Marijuana possession in a vehicle while crossing state lines is a federal felony (drug trafficking), punishable by up to 25 years in jail and $250,000 in fines.
Related Topic: How To Reapply For A Medical Marijuana Card When Moving States
Conclusion
Texas takes a zero-tolerance approach to marijuana use. Despite the limited availability of medical marijuana, recreational usage is still severely criminalized.
