Short answer
Yes. Texas permits cannabis for medical use and nothing else. The Texas Compassionate Use Program (TCUP) is the one legal path. Recreational cannabis is illegal in Texas. A patient needs a prescription from a physician registered with the Texas Department of State Health Services (DSHS), and the product must come from a state-licensed dispensing organization.
What TCUP covers
SB 339 created the program in 2015. It covered intractable epilepsy at the start. HB 3703 added conditions in 2019. HB 1535 added more in 2021 and raised the THC limit from 0.5 percent to 1 percent by weight.
Qualifying conditions include epilepsy and other seizure disorders, multiple sclerosis, spasticity, autism, cancer of any type, post-traumatic stress disorder, and incurable neurodegenerative diseases.
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How patients get cannabis
- A Texas physician registered with DSHS must certify that the patient has a qualifying condition.
- DSHS licenses dispensing organizations. Texas has three.
- Products are low-THC oils, tinctures, lozenges, and similar preparations. Smokable flower is not sold under TCUP.
- Texas residency is required. A medical card from another state carries no weight here.
What stays illegal
Possession of cannabis outside TCUP is a crime. Two ounces or less is a Class B misdemeanor: up to 180 days in jail and a $2,000 fine. Larger amounts carry heavier penalties, up to felony charges.
Buying cannabis in another state and bringing it into Texas is illegal, even with a valid card from that state.
Hemp-derived products
HB 1325 legalized hemp in 2019. That opened a market in delta-8 and other hemp-derived cannabinoids. DSHS moved to ban delta-8 in 2021. A Travis County court blocked the ban in 2024. The 2025 legislature took up SB 3, a bill to expand TCUP and restrict intoxicating hemp products. Check current law before you buy or sell.
City ordinances
Austin, San Marcos, Denton, Elgin, Killeen, and Dallas passed measures that bar police from making most low-level possession arrests. Courts have split on whether those ordinances hold. State law still bans possession.
Bottom line
Texas is a medical-only state. There are no adult-use sales. There is no reciprocity with other states. The THC cap is 1 percent by weight, and only DSHS-licensed dispensing organizations can sell to TCUP patients.