Marijuana and THC Laws

The basics

In Texas, possessing two ounces of marijuana or less is a Class B misdemeanor¹, punishable by up to 180 days in jail and a fine of up to $2,000².

Texas has a limited medical program, the Compassionate Use Program. A 2025 law, House Bill 46, added qualifying conditions including chronic pain, traumatic brain injury, Crohn's disease and terminal illness or hospice care³.

Hemp THC products, like gummies and drinks, spread after a 2018 federal law defined hemp by its delta-9 THC level only⁶. Texas now bans their sale to anyone under 21⁴. Rules effective March 31, 2026 count THCA toward the THC limit, which effectively bans most smokable hemp products. That rule is being challenged in court, but an appeals court has let it take effect while the case continues⁵.

Federal law is changing too. A November 2025 federal spending law narrows the definition of hemp so that most intoxicating hemp THC products no longer count as legal hemp⁶. The change was set for November 12, 2026, but a September 2026 law pushed it to December 11, 2026. Synthetic cannabinoids still lose hemp status on November 12¹⁰. In April 2026, the Justice Department moved marijuana in FDA-approved products and state-licensed medical marijuana to Schedule III, a less restricted category⁷. Other marijuana remains in Schedule I. A federal hearing on moving all marijuana to Schedule III was held in June and July 2026, and no final decision had been made as of September 2026⁸¹¹.

Nationally, a January 2026 Pew survey found 55% of adults say marijuana should be legal for medical and recreational use, 33% say medical use only, and 11% say it should not be legal⁹.

Key terms

Decriminalization

Reducing penalties for small amounts, often to a fine, while keeping sales illegal. Different from legalization.

Legalization

Allowing adults to buy and use marijuana legally, usually through licensed and taxed stores. 24 states and D.C. allow it⁹.

Compassionate Use Program

Texas' limited medical program for low-THC cannabis, expanded in 2025 to more conditions³.

Schedule I and Schedule III

Federal drug categories. Schedule I means no accepted medical use. Schedule III drugs have accepted medical use and lower abuse potential¹².

Hemp THC

THC products made from hemp. Texas restricts sales to adults 21 and over, and a federal law will remove most intoxicating versions from the legal definition of hemp starting December 11, 2026⁴⁶¹⁰.

In Texas

Texas has taken different paths on different products: expanding medical access³ while tightening rules on hemp THC products sold in stores⁴⁵.

In practice, how strictly small-amount possession is prosecuted varies by county, because the elected District Attorney decides which cases to bring.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Questions to ask a candidate

• Should Texas legalize recreational marijuana for adults, decriminalize it, or keep current law?
• Should the medical program cover more conditions or more patients?
• How should Texas treat hemp THC products sold in stores?
• Should people with past possession convictions be able to clear their records?