Short answer
No. Texas did not legalize recreational cannabis in 2025. Possession of marijuana for non-medical use is a crime under Texas Health and Safety Code Chapter 481. A narrow group of patients can buy low-THC cannabis through the Texas Compassionate Use Program (TCUP). Hemp-derived products, including delta-8 gummies and THC drinks, remained legal because a 2025 ban did not pass.
medical cannabis legal in my state list
What is legal in Texas in 2025
- TCUP medical cannabis. Cannabis with no more than 1% THC by weight, sold by state-licensed dispensing organizations to patients with a qualifying condition and a physician's certification.
- Hemp products. Items made from hemp with no more than 0.3% delta-9 THC on a dry weight basis. Texas HB 1325 (2019) aligned state law with the 2018 federal Farm Bill. Delta-8, delta-10, THCA, and similar hemp-derived compounds fall under this category.
- CBD. Legal when derived from hemp and within the 0.3% delta-9 limit.
What is not legal
- Buying, selling, or carrying marijuana flower, edibles, vape cartridges, or concentrates outside TCUP.
- Bringing cannabis from New Mexico, Colorado, or any other legal state across the Texas line.
- Driving after using THC. Penal Code 49.04 covers any intoxicating substance. Texas sets no legal THC blood limit.
Possession penalties
Penalties scale with weight under Health and Safety Code 481.121:
South Carolina Cannabis Legalization Laws and Penalties
- 2 ounces or less: Class B misdemeanor, up to 180 days in jail, up to $2,000.
- More than 2 ounces to 4 ounces: Class A misdemeanor, up to 1 year, up to $4,000.
- More than 4 ounces to 5 pounds: state jail felony, 180 days to 2 years, up to $10,000.
- More than 5 pounds to 50 pounds: third-degree felony, 2 to 10 years.
- More than 50 pounds to 2,000 pounds: second-degree felony, 2 to 20 years.
- More than 2,000 pounds: first-degree felony, 5 to 99 years.
TCUP details
Qualifying conditions include cancer, epilepsy and other seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, Crohn's disease, Parkinson's disease, Huntington's disease, muscular dystrophy, HIV/AIDS, spinal cord damage, post-traumatic stress disorder, terminal illness, and chronic conditions that cause wasting, severe pain lasting more than three months, severe nausea, or seizures. HB 1535 (2021) raised the THC cap from 0.5% to 1% and allowed all forms, not just oil. Only licensed dispensing organizations may sell TCUP cannabis.
Delta-8 and the 2025 legislature
SB 3 would have banned intoxicating hemp-derived cannabinoids. The Senate passed it 29-2 in April 2025. The House amended it in May 2025. The bill did not clear conference committee before the 89th Legislature adjourned on June 2, 2025. Hemp-derived delta-8 therefore stayed legal. The status of that bill changed in the final days of the session, so confirm the current text before relying on it.
Local ordinances
Austin (2020), San Marcos, Killeen, Denton, and Elgin (2022), and Dallas (2024) passed ordinances that make small possession the lowest enforcement priority and allow citations instead of arrest. These measures do not legalize cannabis. State law still applies, and charges remain possible. Texas has no statewide ballot initiative process, so voters cannot legalize cannabis by petition.
What may change
The Texas Legislature meets in odd-numbered years. The next regular session starts in January 2027. Federal Farm Bill reauthorization could also change the hemp rules that keep delta-8 legal.