The legality of cannabis in Texas is a very complex and evolving issue, shaped by a mix of state laws, public opinion, and ongoing legislative efforts.
The Current Legal Status of Cannabis in Texas
As of now, cannabis remains illegal for recreational use in Texas. Possession of any amount up to two ounces is classified as a Class B misdemeanor, which can lead to up to 180 days in jail and fines up to $2,000. This strict stance reflects Texas’s historical context, where prior to 1973, possession of any amount was a felony punishable by two years to life in prison.
Medical Use: Texas has made some allowances for medical cannabis under the Compassionate Use Program (CUP), established in 2015. This program permits the use of low-THC cannabis oil (less than 1% THC) for patients with specific medical conditions, such as epilepsy and multiple sclerosis, provided they have a doctor’s approval. However, cannabis with more than 0.3% THC is still classified as illegal marijuana.
Legislative Landscape
The legislative environment surrounding cannabis in Texas is dynamic. Recent proposals reflect a growing divide among lawmakers regarding cannabis policy:
- Prohibition Efforts: In December 2024, Lieutenant Governor Dan Patrick announced Senate Bill 3, which seeks to ban all forms of consumable tetrahydrocannabinol (THC) products. This bill is motivated by concerns over unregulated THC products flooding the market and aims to take effect on September 1, 2025. Patrick argues that retailers have exploited loopholes allowing them to sell products with dangerously high levels of THC.
- Legalization Proposals: Contrasting Patrick’s prohibition efforts, State Rep. Jessica González has introduced House Bill 1208, which aims to legalize recreational marijuana for adults aged 21 and older. This bill would allow individuals to possess up to 2.5 ounces of marijuana and would establish regulations for its production and sale. The bill also imposes a 10% sales tax on cannabis products.
Public Sentiment and Local Initiatives
Public opinion in Texas has been shifting towards favoring cannabis legalization. Recent polls indicate significant support for both recreational and medical cannabis use among Texans. In response to this changing sentiment, several cities have taken steps toward decriminalizing marijuana possession:
- Cities like Austin, San Marcos, Killeen, Elgin, Denton, and others have passed local measures to decriminalize the possession of small amounts of marijuana. These measures often reflect community efforts spearheaded by advocacy groups like Ground Game Texas.
- However, these local initiatives face challenges from state authorities. Texas Attorney General Ken Paxton has filed lawsuits against several cities that adopted decriminalization ordinances, arguing that these local laws conflict with state statutes prohibiting marijuana possession.
The Distinction Between Hemp and Marijuana
A critical aspect of cannabis law in Texas is the legal distinction between hemp and marijuana based on THC content. Under Texas law:
- Hemp is defined as any part of the Cannabis sativa plant containing less than 0.3% THC on a dry weight basis.
- Marijuana, conversely, is classified as any cannabis with more than 0.3% THC and remains illegal.
This distinction allows for the sale of hemp-derived products like CBD oil while keeping traditional marijuana illegal.
Future Outlook
The future of cannabis legislation in Texas remains uncertain as lawmakers grapple with public demand for reform against conservative resistance. The upcoming legislative sessions will be crucial in determining whether recreational marijuana will be legalized or if stricter prohibitions will be enforced.In summary, while medical use of low-THC cannabis is permitted under strict regulations, recreational use remains illegal in Texas. The state continues to navigate a complex legal landscape influenced by public opinion and legislative initiatives aimed at both prohibition and legalization efforts. As discussions evolve and new bills are proposed, Texans are left watching closely how their state’s approach to cannabis will unfold in the coming years.
