Is it illegal to possess marijuana in Texas?

It used to be the case that possession of all forms of the cannabis plant was illegal. However, in 2019 things changed. While it is still against the law to possess marijuana in Texas, per a law enacted in 2019, there is an exception for the possession of hemp and derivatives of hemp such as CBD (cannabidiol) products.

It can sometimes be difficult to determine whether a substance is legal hemp versus illegal marijuana without determining the substance’s THC (tetrahydrocannabinol) content is. This is because marijuana and hemp often look and smell the same. CBD products can be sold in Texas as long as the concentration of THC in them is under 0.3%.

In the six months following the passage of the law, the Texas Office of Court Administration found that marijuana prosecutions in the state went down more than 50%. In addition, medical marijuana is also legal in Texas, albeit only to treat certain named conditions such as epilepsy, multiple sclerosis, Parkinson’s disease and ALS.

That being said, Texas will still prosecute those who possess even small amounts of marijuana. Unlike other states that have either decriminalized marijuana possession or have legalized it altogether, in Texas the possession of marijuana is generally considered a misdemeanor, and can lead to a fine in the amount of $4,000 and a jail sentence of up to one year.

Ultimately, the information in this post should not be relied upon as legal advice. Marijuana laws in Texas are complex, so those who want to learn more about marijuana and hemp laws can consult with a professional who practices in this area of law.