Is Weed Legal in Texas? Marijuana, THCA and Delta-8 in 2026

Is weed legal in Texas in 2026?

Marijuana is not legal for adults in Texas in 2026, but hemp products with 0.3% total THC or less are. The two get confused because both come from cannabis. Marijuana is covered by the Texas Controlled Substances Act. Hemp is covered by the Agriculture Code and the health department’s consumable hemp rules.

Here is where each product stands as of 2026-10-26.

Product	Status	What sets it
Marijuana (flower, edibles, vapes, concentrates)	Illegal, except low-THC medical cannabis	Health and Safety Code 481.121
Low-THC medical cannabis (10 mg THC or less per dose)	Medical only	Occupations Code Chapter 169
Hemp edibles and drinks, 0.3% total THC or less	Legal, 21 and over	25 TAC Chapter 300, in force since March 31, 2026
THCA flower and pre-rolls	Not allowed to be sold; possession is not a crime	Total-THC test in 25 TAC Chapter 300
Delta-8 and other non-delta-9 THCs above trace amounts	Illegal (controlled substance)	Texas Register notice, in force from July 31, 2026
Other smokable hemp (low-THC flower, cones)	Making it for smoking is barred; retail sale is disputed in court; possession is not a crime	Health and Safety Code 443.204 and a court injunction

The table shows the law, not what a given officer will do. Each row is explained below.

What is the penalty for marijuana possession in Texas?

Possessing 2 ounces or less of marijuana in Texas is a Class B misdemeanor, with up to 180 days in jail and a fine of up to $2,000. The statute is Health and Safety Code 481.121. The penalty grows with the amount.

• 2 ounces or less: Class B misdemeanor.
• More than 2 ounces, up to 4 ounces: Class A misdemeanor.
• More than 4 ounces, up to 5 pounds: state jail felony.
• More than 5 pounds, up to 50 pounds: third-degree felony.

This page covers the flower offence only. Concentrates and other forms may be charged under different sections, so check the statute or a lawyer if that applies to you.

Is weed decriminalized in Texas?

Texas has not decriminalized marijuana. State law still treats any usable amount as a crime. Some cities have policies that tell police to treat small amounts as a low priority, but a city policy does not change the statute.

The status words matter here. Decriminalised means the law itself drops or reduces the penalty. In Texas it does not. See our general guide to how the state laws differ for the terms used across this site.

Is weed legal in Houston, Austin or Dallas?

Marijuana is not legal in Houston, Austin or Dallas, because state law applies in every Texas city. Local policies change how often a case is pursued, not whether it is an offence.

City	What exists	Status as of 2026-10-26
Houston	Proposition A, the “Houston Freedom Act”, would make misdemeanor marijuana possession the lowest law-enforcement priority for the police	On the November 2026 ballot; about 40,000 petition signatures. The Harris County DA runs a pretrial diversion program
Austin	Voter-approved 2022 ordinance limiting low-level marijuana enforcement	The Fifteenth Court of Appeals ruled in March 2025 that state law preempts it. Austin police said in May 2025 they would police as before
Dallas	Voter-approved marijuana depenalization ordinance	The Attorney General sued over such ordinances in 2024; check the current case status before relying on it

Houston’s mayor told reporters on September 9, 2026 that personal use “is not a priority of HPD”. The same Houston Public Media report found police marijuana arrests rose from about 70 in 2023 to about 540 in 2024. A priority policy is not a guarantee that you will not be arrested.

Who can get medical marijuana in Texas?

Texas allows only low-THC cannabis, with no more than 10 milligrams of THC per dosage unit, prescribed by a qualified physician. This is the Compassionate Use Program under Occupations Code Chapter 169. Dispensaries are licensed under Health and Safety Code Chapter 487.

Section 169.003 lists the qualifying conditions, according to the Texas State Law Library:

• epilepsy or a seizure disorder
• multiple sclerosis, spasticity, or ALS
• autism
• cancer
• an incurable neurodegenerative disease
• post-traumatic stress disorder
• chronic pain
• traumatic brain injury
• Crohn’s disease or other inflammatory bowel disease
• a terminal illness, or a condition treated with hospice or palliative care

The Department of Public Safety runs the Compassionate Use Registry of Texas, which lists registered physicians. Whether a condition qualifies is a decision for a physician, not for this site. The Texas State Law Library page does not give program dates, so we do not state any here.

Is delta-8 legal in Texas?

Delta-8 THC is not legal in Texas in 2026. Since July 31, 2026, delta-8 and other THCs that are not delta-9 are controlled substances again, except for trace amounts that occur naturally in compliant hemp.

The Department of State Health Services (DSHS) published a notice in the Texas Register on July 10, 2026. It reinstated the 2021 definitions of “tetrahydrocannabinols” and “marihuana extract” in the state drug schedule. That followed an opinion of the Supreme Court of Texas dated May 1, 2026, in the Sky Marketing case, with the mandate issued June 5, 2026. The DSHS hemp page also says products labelled delta-8, or holding more than trace THC, may be detained and referred to law enforcement.

Is THCA legal in Texas?

THCA flower cannot lawfully be sold in Texas in 2026, because it fails the state’s total-THC test. The DSHS rules effective March 31, 2026 count THCA toward the 0.3% limit.

The rule text defines total THC as THC plus 0.877 times THCA, by dry weight. A worked example:

• THCA flower tests at 20% THCA and 0.5% delta-9 THC.
• 0.877 x 20 = 17.54, plus 0.5 gives 18.04% total THC.
• The limit is 0.3%, so the flower is non-compliant by about 60 times.

Under the older rule, only the 0.5% delta-9 mattered, which is why this flower was sold. The Texas Tribune reported that THCA flower and pre-rolls are covered by the change. Retailers who sell non-compliant products can lose their registration and face fees of up to $10,000 per day, per the same report.

The Texas Hemp Business Council is challenging the standard in court. It argues that only the Legislature can change the 0.3% delta-9 test. The state disagrees. Until a court rules, the rules are enforceable.

Is the smokable hemp ban in effect in Texas?

Texas bans sale of smokable hemp that exceeds 0.3% total THC, and that rule is being enforced while the appeal runs. Possessing it is not a crime, according to the Texas Tribune’s March 2026 reporting.

A separate state law, Health and Safety Code 443.204(4), bars manufacturing consumable hemp for smoking. The Texas Supreme Court upheld it on June 24, 2022, per DSHS, and a lower-court injunction still allows retail sale of smokable products. Sale of low-THC smokable hemp is the least settled row in the table.

The Houston attorney quoted by the Tribune expects officers to wrongly arrest some people for smoking hemp. Keep products in their original packaging with the lab report if you carry hemp.

What hemp products can adults 21 and over buy in Texas?

Adults 21 and over can buy hemp edibles, drinks and other products at or below 0.3% total THC from registered retailers. The 21 age limit and ID check were first an emergency rule on October 2, 2025, and became permanent on March 31, 2026.

The Texas Tribune reports that edibles and beverages remain on sale, because of their lower THC concentrations or because the Texas Alcoholic Beverage Commission oversees them. Retail registration costs $5,000 per location per year, and manufacturing licences cost $10,000, according to DSHS.

What changes next for Texas and federal hemp rules?

Three dated events can change the answers on this page.

Date	Event	Type
Nov 3, 2026	Houston Proposition A on the ballot	Local policy only
Nov 12, 2026	Federal hemp definition excludes cannabinoids not naturally made by cannabis	Enacted federal law
Dec 8, 2026	Oral argument, THBC v. DSHS, Fifteenth Court of Appeals	Court hearing; no ruling date
Dec 11, 2026	Federal total-THC definition and 0.4 mg per container cap apply	Enacted federal law

The federal dates come from Public Law 119-103, signed September 2, 2026. Our guide When Will the Hemp Ban Take Effect? explains both dates by product. Federal law does not make Texas marijuana legal, and the state rules apply on top of it.

We will recheck this page after the December 8 hearing. Texas law changes by rule and court order as well as by statute, so confirm any status with a Texas criminal defence lawyer before you act on it.