Texas
Medical since 2015
Last verified: March 2026 · editorial-team
Possession Limit
Illegal — any amount is a criminal offense oz
Flower (adult use)
Concentrates
Illegal — possession of any amount is a felonyg
Per transaction
Home Grow
Not permitted
Personal cultivation
Delivery
Not allowed
Licensed delivery
Possession of any amount of marijuana flower is a criminal offense in Texas. Under 2 oz is a Class B misdemeanor (up to 180 days jail + $2,000 fine). Concentrates are treated more severely — possession of any amount is a state jail felony (180 days to 2 years). Some cities (Austin, San Antonio, Dallas, Houston) have enacted cite-and-release or decline-to-prosecute policies for small amounts, but state law has not changed.
License Types
Other
Compassionate Use Program (TCUP) dispensing license — the only legal cannabis license in Texas. Authorizes vertically integrated operations to cultivate, process, and dispense low-THC cannabis (1% THC cap) to registered patients. As of 2026, only 3 licensed dispensing organizations operate statewide.
Est. Fees
Application fee and license fee set by DPS — approximately $487,000 initial + annual renewal
Processing Time
12+ months (extremely limited — new licenses rarely issued)
Tax Structure
Excise Rate
No cannabis-specific excise tax (no legal adult-use market)
Sales Tax
Applied
Effective Total
Standard 6.25% state sales tax + up to 2% local tax applies to TCUP products
No cannabis-specific tax structure exists because there is no recreational market. TCUP (Compassionate Use) products are subject to standard Texas sales tax only. Multiple bills proposing recreational legalization and associated tax frameworks have been filed but none have passed the legislature.
Regulatory Body
Key Statutes
Texas Compassionate Use Act (SB 339)
Tex. Health & Safety Code § 487Signed in 2015. Originally limited to intractable epilepsy patients with 0.5% THC cap. Expanded in 2019 (HB 3703) to include more conditions and raised THC cap to 0.5%.
HB 1535 — TCUP Expansion
Tex. Health & Safety Code § 487.053Passed 2021. Expanded qualifying conditions to include all cancer and PTSD. Raised THC cap from 0.5% to 1%. Added more qualifying conditions but the program remains very restrictive.
Texas Controlled Substances Act
Tex. Health & Safety Code § 481Marijuana remains a Schedule I controlled substance in Texas. Penalties range from Class B misdemeanor (under 2 oz) to felony (over 4 oz or any amount of concentrate).
For Operators
The Texas situation
Texas is the second-largest state by population with no recreational cannabis market and one of the most restrictive medical programs in the country. The Compassionate Use Program (TCUP) limits THC to 1% and has only 3 licensed dispensing organizations serving the entire state of 30 million people.
Legalization bills have been filed repeatedly in the Texas Legislature. HB 218 (2023) proposed recreational legalization with a 10% excise tax. It didn't make it out of committee. The political reality: the Texas Legislature meets only 140 days every two years, and cannabis legalization faces opposition from GOP leadership in both chambers.
What to watch
The delta-8 THC market exploded in Texas following the 2018 Farm Bill, and the state has struggled to regulate it. Several bills have attempted to ban or restrict delta-8 and other hemp-derived cannabinoids. The tension between the hemp and marijuana regulatory frameworks may eventually force broader reform. Municipal-level changes (Austin's Prop A decriminalizing small possession) signal where public opinion is heading, even if the legislature hasn't caught up.
For Consumers
Know the law — Texas is not legal
Cannabis is illegal for recreational use in Texas. Possession of any amount of flower is a criminal offense. Under 2 oz is a misdemeanor with up to 180 days in jail and a $2,000 fine. Concentrates are treated as a felony regardless of amount — even a vape cartridge can result in a state jail felony charge.
City-level differences
Some Texas cities have softened enforcement. Austin voters passed Prop A in 2022, directing police not to cite or arrest for small-amount marijuana possession. Houston's DA adopted a similar decline-to-prosecute policy. Dallas and San Antonio have cite-and-release programs. But these are local policies — state law hasn't changed, and you can still face charges depending on the officer and jurisdiction.
TCUP for patients
If you have a qualifying condition (cancer, PTSD, epilepsy, MS, ALS, terminal illness, and others), you can register for the Compassionate Use Program through a qualified physician. Products are limited to 1% THC. Three dispensing organizations serve the state: Goodblend, Fluent, and Sanctuary. Product selection is very limited compared to fully legal states.
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