Is marijuana legal in Texas in 2025?
No. Recreational marijuana is not legal in Texas in 2025. Possession of marijuana for non-medical use is a criminal offense under state law, and no adult-use legalization bill passed the 2025 legislative session. Medical cannabis does exist, but only in one narrow form: low-THC products dispensed through the Texas Compassionate Use Program. Hemp-derived intoxicating products such as delta-8 gummies and THC beverages were sold statewide until lawmakers banned them under Senate Bill 3, signed in June 2025 and effective September 1, 2025.
Medical marijuana: what the Compassionate Use Program allows
The Texas Compassionate Use Program (TCUP) lets a registered physician issue a prescription for cannabis to patients with a qualifying condition. The medicine must contain no more than 1 percent THC by weight and must be taken as an oil, tincture, cream, or similar non-smokable form. Raw flower, vape cartridges, and retail edibles are not part of the program.
is marijuana legal in texas 2025
Qualifying conditions include:
is marijuana legal in texas 2025
- Epilepsy and other seizure disorders
- Multiple sclerosis
- Amyotrophic lateral sclerosis (ALS)
- Autism
- Cancer
- Post-traumatic stress disorder
- Incurable neurodegenerative diseases
- Any condition for which the patient is receiving hospice care
Hemp-derived THC: the 2025 change
For several years, delta-8, delta-9, and other hemp-derived THC products were legal in Texas because the 2019 hemp law set the limit at 0.3 percent delta-9 THC on a dry weight basis. Senate Bill 3 closed that path. The law bans the sale and possession of intoxicating consumable hemp products, including gummies, vapes, and THC-infused drinks, as of September 1, 2025. Retailers were allowed to sell down existing stock before the deadline.
Penalties for possession in Texas
- 2 ounces or less: Class B misdemeanor, up to 180 days in county jail and a fine up to $2,000
- More than 2 ounces up to 4 ounces: Class A misdemeanor, up to 1 year in jail and a fine up to $4,000
- More than 4 ounces up to 5 pounds: state jail felony, 180 days to 2 years and a fine up to $10,000
Possession of a usable amount of marijuana can also trigger a driver's license suspension for up to six months.
City decriminalization measures
Austin, San Marcos, Denton, Elgin, Killeen, and Dallas voters approved ordinances that direct local police to stop arresting people for small amounts of marijuana. Enforcement is uneven. The Texas attorney general has challenged several of these ordinances, and courts have blocked portions of some. A city ordinance cannot legalize marijuana under state law, it can only change local police priorities.
Federal status and travel
Marijuana remains a Schedule I controlled substance under federal law. Airports, border checkpoints, and federal land fall under federal jurisdiction, so carrying a cannabis product through them creates risk even with a valid TCUP prescription.
How to check whether you qualify for TCUP
- Confirm that you have one of the qualifying conditions.
- Find a physician registered with the Texas Compassionate Use Program.
- Complete the appointment and ask the physician to enter the prescription in the Compassionate Use Registry of Texas.
- Contact a licensed dispensing organization to fill the prescription.
- Keep your registry record and product label available when traveling within the state.
Bottom line
Recreational marijuana is still illegal in Texas in 2025. Medical access is limited to low-THC TCUP products for a short list of conditions, and hemp-derived THC products were banned effective September 1, 2025. Local ordinances may reduce arrests in some cities, but they do not change state law.