Legal Status: Recreational ILLEGAL. Medical extremely limited (Compassionate Use Program, low-THC only: 10mg per dose). Smokable hemp banned March 31, 2026.
Last updated: May 2026
Possession Limits
- Recreational: All possession illegal. Under 2oz: Class B misdemeanor (180 days, $2,000). Over 4oz: felony.
- Medical (CUP): Low-THC only (10mg/dose, 1g/package). No flower. Supply per physician.
Medical Card (Compassionate Use Program)
Qualifying conditions (expanded Sept 2025 via HB 46): Epilepsy, cancer, PTSD, ALS, autism, MS, terminal illness. New: chronic pain (90+ days), TBI, Crohn’s.
How to apply: No formal card. CUP-registered physician enters prescription into CURT (Compassionate Use Registry). State ID used at dispensary.
Cost: No state fee. Physician consultation $150-300+.
Reciprocity: NO.
Home Cultivation
ABSOLUTELY NOT. Growing even a single plant is a felony. Penalties based on total plant weight.
DUI / Impairment
Zero tolerance. Any detectable THC can result in DWI charges. Same penalties as alcohol DWI.
Employment Protections
NONE. Employers maintain full authority to enforce zero-tolerance policies, including for CUP patients.
Recent Changes (2025-2026)
- HB 46 (June 2025): Expanded qualifying conditions, increased dispensary licenses, approved inhalation delivery
- Smokable hemp ban (March 31, 2026): All smokable hemp products illegal; THCA counts toward 0.3% total THC
What Most People Get Wrong
People hear “Texas has medical marijuana” and assume it works like Colorado or California. It does NOT. Texas CUP is one of the most restrictive programs in the country: low-THC only (not full-strength cannabis), very limited qualifying conditions, and only a handful of licensed dispensaries statewide. It is a CBD-dominant program.