Texas Marijuana Laws 2025: Medical, Recreational, and Delta-8 Explained

Cannabis laws in Texas remain some of the strictest in the United States. While many states have fully legalized cannabis for medical and recreational use, there has been a slow and highly restrictive approach to medical marijuana in Texas. However, the debate surrounding cannabis legalization, decriminalization, and expanded medical access is gaining momentum.

Currently, Texas has a limited medical marijuana program that only allows low-THC cannabis for patients with specific conditions. Recreational cannabis is completely illegal, with harsh penalties for possession. At the same time, the rise of hemp-derived THC products like Delta-8 has led to legal gray areas that lawmakers are trying to address.

This blog will break down the current cannabis laws in Texas, proposed changes, the political forces shaping the debate, how Texas compares to other states, and what these laws mean for patients and consumers. With public opinion shifting in favor of reform, you must stay informed about potential policy changes.

Texas’ Current Cannabis Laws

As mentioned, Texas has some of the most restrictive cannabis laws in the country. While limited forms of medical cannabis are legal, recreational use remains illegal. Many Texans find the laws confusing, especially given the recent legalization of hemp-derived THC products.

Medical Marijuana in Texas

The Compassionate Use Program (CUP) is the only legal way for Texans to access medical cannabis, but it has strict limitations. Established in 2015, CUP initially allowed only patients with intractable epilepsy to access low-THC cannabis. Over the years, the program has expanded to include conditions like multiple sclerosis (MS), amyotrophic lateral sclerosis (ALS), autism, cancer, post-traumatic stress disorder (PTSD), and neurodegenerative diseases.

Despite these expansions, the program remains highly restrictive. The law limits medical cannabis to 1% THC or less, making it far weaker than what is available in fully legalized states. Additionally, access is limited due to the small number of licensed dispensaries, making it difficult for many patients to obtain their medication.

Recreational Cannabis in Texas

Recreational cannabis is completely illegal in Texas. Possessing even a small amount can lead to criminal charges, and the penalties are severe.

Possession of less than 2 ounces is considered a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.

For amounts between 2 and 4 ounces, the charge becomes a Class A misdemeanor, carrying a sentence of up to 1 year in jail and a $4,000 fine.

Possession of more than 4 ounces is classified as a felony, with penalties ranging from 2 years to life in prison.

However, enforcement varies across the state. In major cities like Austin, Dallas, Houston, and San Antonio, local authorities have deprioritized low-level cannabis arrests. But in many rural areas, cannabis possession is still strictly enforced, leading to numerous arrests and criminal records for minor infractions.

Here are some differences between medical and recreational marijuana that you may want to know about.

CBD and Hemp Laws

In 2019, Texas legalized hemp and CBD products containing less than 0.3% THC. This allowed businesses to sell CBD oils, edibles, creams, and other hemp-derived products. However, the rise of Delta-8 and Delta-9 THC products has created controversy.

Unlike traditional marijuana, Delta-8 THC is derived from hemp and remains in a legal gray area in Texas. Some lawmakers argue that these products pose safety risks due to a lack of regulation and oversight. As a result, new legislation is being considered to impose stricter bans or restrictions on these substances.

Proposed Cannabis Legislation in Texas

The Texas Legislature is considering several cannabis-related bills that could expand access or impose stricter regulations. The debate surrounding marijuana legislation remains contentious. Advocates for relaxed regulations conflict with lawmakers who propose more stringent measures.

Senate Bill 3 (S.B. 3) is one of the most controversial proposals. Sponsored by Lt. Gov. Dan Patrick, this bill aims to ban all THC products, including Delta-8 and Delta-9 THC. The reasoning behind the bill is that unregulated hemp-derived THC products pose health risks and are too easily accessible, especially to minors. If passed, Texans would lose access to these alternative THC products, potentially leading to an increase in black-market sales.

On the other side of the debate, House Bill 1208 (H.B. 1208), filed by Rep. Jessica González, seeks to legalize recreational cannabis fully. Under this proposal, adults 21 and older would be able to possess up to 2.5 ounces of cannabis legally. Additionally, individuals could grow up to 10 ounces at home, provided it is stored securely. The bill also includes regulations for child-resistant packaging and clear product labeling to ensure responsible consumption.

Meanwhile, Senate Bill 259 (S.B. 259), sponsored by Sen. Carol Alvarado, focuses on expanding medical cannabis access. If passed, it would allow more Texans with chronic illnesses and severe conditions to qualify for the Compassionate Use Program. The bill also seeks to increase the THC limit and expand the number of licensed dispensaries, making medical cannabis more accessible to patients in need.

Political Landscape and Public Opinion

Cannabis reform in Texas is a highly political issue, with some of the state’s most powerful leaders opposing legalization.

Public opinion, however, is shifting. According to recent polls, over 60% of Texans now support legalizing recreational cannabis. At the same time, a significant portion of the population also supports banning unregulated THC products, indicating a mix of confusion and differing viewpoints on cannabis policy.

How Texas Compares to Other States

Texas lags behind most of its neighboring states when it comes to cannabis laws. States like New Mexico have fully legalized both medical and recreational cannabis, while Oklahoma offers one of the most accessible medical cannabis programs in the country.

These differences create cross-border challenges, with suspicions that some Texans travel to nearby states to purchase cannabis legally, even though bringing it back into Texas remains illegal.

What This Means for Texas Patients and Consumers

If S.B. 3 passes, Texans will lose access to the unregulated hemp-derived THC products, encouraging many to enter the legal medical cannabis market.

For medical cannabis patients, the passage of S.B. 259 could bring significant benefits, making high-THC medical cannabis more available for those suffering from severe medical conditions.

What’s Next for Texas Cannabis Laws?

The Texas legislative session runs from January to June 2025, during which cannabis bills will be debated. Texans can contact their local representatives to express their views on these laws and support advocacy to push for responsible medical cannabis reform.

With public support growing and economic benefits clear, cannabis reform in Texas is inevitable. The question is whether lawmakers will embrace modern cannabis policies that protect the public or continue resisting change.

Take Control of Your Health with DocMJ

Navigating Texas’ complex cannabis laws can be challenging, but if you qualify for medical marijuana, DocMJ makes the process easy and stress-free. Our experienced physicians provide compassionate evaluations to help you access the relief you need under the Texas Compassionate Use Program. Schedule your appointment today and take the first step toward a better quality of life with safe, legal medical cannabis!

Aaron Bloom

Aaron Bloom, an experienced healthcare attorney, serves as the CEO, overseeing the mission and growth of DocMJ and Medwell Health and Wellness Centers since 2016. Aaron’s passion for improving patients’ lives comes from his experience in healthcare. For more than 20 years, Aaron has owned, operated, and represented traditional healthcare organizations. This experience created a passion for finding improved ways to relieve suffering. His goal as CEO is to work daily to provide relief to all patients who seek better health and wellness through the medicinal benefits of medical cannabis and evidence-based alternative medicines.