Cannabis and hemp law in Texas

Is recreational cannabis legal in Texas?

Illegal. Illegal statewide. The state's 15th Court of Appeals has blocked Austin and San Marcos ordinances that limited marijuana citations and arrests.

Is medical cannabis legal in Texas?

Legal. No longer capped at 1% THC: HB 46 (2025) set caps of 10 mg THC per dose and 1 g per package or vape, added chronic pain, Crohn's, brain injury and hospice, and allowed vaping. 12 new dispensers got conditional licenses Dec. 2025-Apr. 2026.

What can medical patients buy in Texas?

Patients can buy vape cartridges (state-approved devices up to 1 g THC each, on sale since June 2026), plus tinctures, edibles and topicals at up to 10 mg THC per dose; vapes need a prescription for inhalation. No flower or smoking. Limits: No more than 10 mg THC per dosage unit. No package or container, and no inhalation device, may hold more than 1 g total THC. Only plant-derived (phytocannabinoid) products may be dispensed.

What are the rules for hemp products in Texas?

The Texas Supreme Court ruled May 1, 2026 that the health department may list delta-8 as Schedule I; the listing took effect July 31, 2026. A rule counting THCA toward total THC (March 31, 2026) is in force while a court appeal continues.

Is delta-8 THC legal in Texas?

Banned. Delta-8, THCP and other non-delta-9 THC isomers are Schedule I as of July 31, 2026.

What happens if you break the law in Texas?

Possession of 2 oz or less is a Class B misdemeanor, up to 180 days in jail and a $2,000 fine.

Is cannabis or hemp law changing in Texas?

In danger. Delta-8, THCP and other THC isomers became Schedule I July 31, 2026; the THCA rule is in force during an appeal; federal law excludes cannabinoids the plant cannot produce naturally (such as THC-O) from hemp Nov. 12, and converted cannabinoids such as delta-8 made from CBD, plus products over 0.4 mg total THC per container, Dec. 11, 2026.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

1. www.kut.org/crime-justice/2026-05-01/texas-can-criminalize-delta-8-for-now-but-hemp-businesses-can-still-sue-to-stop-it-justices-say
2. www.nbcdfw.com/news/local/crackdown-on-thc-ban-on-some-hemp-products-now-in-effect/4056753/
3. www.tpr.org/news/2026-06-09/texas-rule-targeting-smokable-hemp-is-back-in-effect
4. www.mpp.org/states/texas/hb46-expands-compassionate-use-program/
5. capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
6. www.dshs.texas.gov/health-promotion-chronic-disease-prevention-section/low-thc-cannabis-medical-use/approved-pulmonary-inhalation-devices-for-Low-THC-cannabis
7. www.dps.texas.gov/news/dps-update-phase-ii-texas-compassionate-use-program-expansion-selection-process
8. texasoriginal.com/products/
9. www.austinchronicle.com/columns/the-austin-chronic/the-view-from-inside-a-medical-marijuana-production-facility/