Is Weed Legal in Texas?

Is weed legal in Texas? Has it ever been?

A lot of people are on the hunt for the answer to this question, especially those that are constantly running for a visit. However, no one can actually give them a close answer.

So, we made this guide to help people like you find out whether cannabis, the golden plant, is considered legal in the state or not.

Before we dive deep into it further, it’s important for us to know and be aware of the history of marijuana legalization in the state.

History of Cannabis in Texas


History of Cannabis in Texas

Texas has been one of the hardest and most difficult states in regard to cannabis laws and regulations. As a matter of fact, before 1973, the state’s cannabis laws were so harsh, that whatever amount you’ll be caught with was automatically classified as a felony offense, resulting in two (2) years to life in prison.

In recent years, the state slowly accepted and allowed the use of medical marijuana. However, the substance has been yet to be decriminalized.

Since the early 1900s, several cities, towns, counties, and municipalities in the state had their own stands when it comes to cannabis and marijuana.

State and County Level Reforms

Several reforms and changes have been made in the past decade, and it has been one hell of a ride. Let’s briefly go over each of these reforms for us to have a better and clearer understanding of the marijuana laws that Texas has.

1973 House Bill (HB) 447

This bill was intended to reduce the penalties and offenses for cannabis. Before the inauguration of this bill, possession of whatever amount of marijuana was automatically classified as felony, resulting in two (2) years to life in prison, but, with the passage, a 2-ounce possession was reduced to class B misdemeanor.

Class B misdemeanor was punishable by a $1000-fine, and a prison sentence of 180 days or less.

2007 House Bill (HB) 2391

Then, in 2007, Governor Rick Perry signed into law HB 2391, in which police can cite and release misdemeanor crimes instead of automatic immediate arrest. As per the bill, among the offenses for which citations could be issued would be possession of up to four (4) ounces of cannabis.

2015 Proposed Recreational Legalization and Limited Medical Use

House Bill (HB) 2165 was the bill directed to legalize the use of cannabis for recreational purposes. It was pushed and was not further accepted. In the same year, Governor Greg Abbott signed the Senate Bill (SB) 339 or the Texas Compassionate Use Act, allowing low-THC cannabis oil for treating epilepsy.

2021 Medical Program Expansion

Then, most recently, HB 1535 was signed into law, raising the 0.5% THC limit to 1%, as well as expanding the reach of treatment, including all forms of Post-Traumatic Stress Disorder or PTSD and cancer.

Is Weed Legal in Texas? What You Need To Know

Is Weed Legal in Texas What You Need To Know

Being one of the most populated states in the country – adding the fact that millions of people visit it yearly, it’s just right for people to have clear and straight knowledge about the legalities of marijuana in it.

Constant fuzz and blurry narratives surround the legalities of the substance in the state. But don’t worry – we will give it to you in full and extreme detail!

For you to understand it better, we’ve divided the discussion into two (2) parts – medical cannabis and recreational cannabis.

What You Need to Know About Medical Cannabis in Texas

What You Need to Know About Medical Cannabis in Texas

Out of other states in the country, Texas has been one of the most difficult and harshest when it comes to the usage an allowability of medical marijuana.

If you’re a recreational user and you’re thinking about slipping past these cannabis laws, think again. It is not as easy as you think. In fact, the medical cannabis laws in the state are too tight and difficult – the limitations in which medical patients can use cannabis has not been further considered yet.

The only approved conditions for medical marijuana in the state of Texas are:

  • Autism
  • Epilepsy
  • Cancer
  • Post-Traumatic Stress Disorder (PTSD)

Patients diagnosed with these conditions are the only ones who have straight-up access to cannabis oil that has less than 1% THC by weight.

What You Need to Know About Recreational Cannabis in Texas

So, you’re interested or curious to know about recreational cannabis use? Don’t worry, recreational cannabis in Texas is as simple and as straightforward as NO – it is not allowed and it is considered a crime.

In no way is recreational cannabis allowed in the state, and you should be aware of it.

Texas State Laws and Penalties For Marijuana

Texas State Laws and Penalties For Marijuana

Being aware of the current rules and laws in place will save you tons of money and effort in fighting your way out of it; or better, just avoiding it entirely.


Here’s a table that quickly outlines the penalties of possession of marijuana in the state:

Possession AmountIncarcerationPenaltyMaximum Fine
2 oz or less180 daysMisdemeanor$2,000
2 to 4 oz1 yearMisdemeanor$4,000
4 oz to 5 lbsMin. of 180 days to 2 yearsFelony$10,000
5 lbs to 50 lbsMin. of 2 years to 10 yearsFelony$10,000
50 to 2,000 lbsMin. of 2 years to 20 yearsFelony$10,000
2,000 lbs or moreMin. of 5 years to 99 years (life)Felony$50,000


Being caught selling or distributing cannabis also incurs penalties. It is like possession, but yielding particular grams and weights of the substance.

So, here are the penalties for it.

Sale AmountIncarcerationPenaltyMaximum Fine
7g or less (without remuneration)180 daysMisdemeanor$2,000
7g or less1 yearMisdemeanor$4,000
7g to 5 lbsMin. of 180 days to 2 yearsFelony$10,000
5 lbs to 50 lbsMin. of 2 years to 20 yearsFelony$10,000
50 to 2,000 lbsMin. of 5 years to 99 years (life)Felony$10,000
2,000 lbs or moreMin. of 10 years to 99 years (life)Felony$100,000
(Sale to a minor)Min. of 2 years up to 20 yearsFelony$10,000

Final Words

So, in case you were asking, is weed legal in Texas? This should be more than enough for you to find out! The legalities of cannabis in Texas is straight-up confusing, and there’s a lot of hidden and unwanted meaning to it, too.

Before you visit or transfer to the state, it’s just right to be entirely aware of what their marijuana or cannabis laws in place are!

Christopher Andrews
I am Christopher Andrew, the owner of 420 Expert Adviser. I have been in cannabis cultivation for more than ten years, and I'm sharing my experience with you guys using this blog!

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