Cannabis in Texas

Marijuana is not legal in Texas for adults, and the state has no dispensaries in the usual sense. Two things sit between full prohibition and what most people picture: a narrow medical program and a hemp market that the state has been squeezing since 2025.

The medical channel is the Texas Compassionate Use Program (TCUP), run by the Department of Public Safety. A registered physician prescribes low-THC cannabis and enters the patient into the Compassionate Use Registry of Texas (CURT); there is no plastic card. Since House Bill 46 took effect in September 2025, chronic pain, Crohn's disease, traumatic brain injury, terminal illness and hospice care are covered alongside epilepsy, PTSD, cancer and other conditions, and products may run up to 10 mg of THC per dose and 1 gram of THC per package. Physicians had listed 135,470 patients by the end of 2025, according to the Texas Tribune, and three licensed operators (Texas Original, goodblend and Fluent) are being joined by up to 12 more.

Everything else is criminal. Up to two ounces of flower is a Class B misdemeanor (180 days, $2,000). Two to four ounces is a Class A misdemeanor. Any amount of THC in a vape, edible or concentrate can be charged as a state jail felony, which is why a single cartridge can cost more than a bag of flower. Austin's voter-approved decriminalization ordinance was struck down by the Fifteenth Court of Appeals in April 2025.

Hemp is the moving part. Hemp-derived delta-9 products at or below 0.3 percent, mainly gummies and drinks, remain legal for buyers 21 and older. After the Texas Supreme Court ruled on May 1, 2026 in the Sky Marketing case, the health department listed delta-8, delta-10, THCP and similar isomers as Schedule I controlled substances on July 31, 2026, with possession chargeable as a state jail felony. A separate rule counting THCA toward total THC is being fought in court, and the federal hemp redefinition arrives on November 12 and December 11, 2026. Use the linked guides for each piece.