Are Hemp and Cannabis Treated Differently Under Texas Law?
Yes. Hemp and marijuana come from the same plant but are treated as legally distinct substances in Texas. Historically, both federal and Texas law defined hemp as cannabis containing no more than 0.3% Delta-9 THC, with anything above that threshold classified as marijuana.
In 2019, Texas statutes were updated to allow the purchase, sale, and possession of hemp and CBD products that met the 0.3% Delta-9 THC standard. That standard changed significantly on March 31, 2026: Texas now calculates “Total THC” to include THCA in addition to Delta-9 THC when determining whether a product is legal hemp or illegal marijuana, closing a loophole that had allowed some high-potency, THCA-heavy hemp products to be sold legally. Texas also banned the retail sale of smokable hemp products outright and raised the state registration fee for hemp retailers from $155 to $5,000. Hemp-derived CBD oils, tinctures, edibles, capsules, topicals, and beverages that meet the Total THC standard remain legal for adults 21 and older, but smokable hemp flower, pre-rolls, and hemp vapes are no longer legal to sell in Texas.
Does Texas Allow Medical Cannabis Use?
Cannabis can be used to treat several medical maladies, including epilepsy, cancer, and post-traumatic stress disorder (PTSD). While medical cannabis is available, it is heavily regulated and must be used under the supervision of a doctor registered with the Texas Department of Public Safety. Under the Texas Compassionate Use Program, approved patients can access certified physicians who can prescribe medical marijuana and dispense low-THC cannabis oil for medical purposes.
Is CBD Legal in Texas?
Cannabidiol, usually referred to as CBD, is a compound made from hemp. Proponents claim it can help with several everyday conditions, including headaches, joint pain, and anxiety. CBD products remain legal for businesses to sell and for individuals to possess and use in Texas, but as of March 2026 the 0.3% threshold is measured using Total THC, which includes THCA content and not just Delta-9 THC. Smokable hemp products, including CBD flower and pre-rolls, are no longer legal for retail sale in Texas.
Are Delta-8 Products Legal in Texas?
Delta-8 is a cannabis derivative that is similar to Delta-9 THC found in marijuana. Some individuals refer to it as “weed light” because it has shown some similar psychoactive effects. It is generally produced from CBD derived from low-THC hemp. Delta-8’s legal status in Texas has been contested in court for years, and as of a July 31, 2026 notice from the Texas Department of State Health Services (DSHS), Delta-8 THC — along with Delta-10, Delta-6, THCP, THC-O, and HHC — has been placed on Texas’ controlled substances schedule.
That scheduling action follows years of litigation: a state lawsuit challenging Texas’ hemp restrictions produced a temporary restraining order and then a temporary injunction favoring hemp sellers in the spring of 2026, but an appeals court lifted that injunction in June 2026, and a federal judge denied an emergency request to block enforcement in August 2026. As of this writing, Delta-8 and the other newly scheduled cannabinoids are treated as controlled substances in Texas, separate from the Total THC/THCA rule that governs hemp and CBD products generally. If you are facing prosecution for selling or possessing Delta-8 or similar products, contact a knowledgeable criminal defense attorney immediately, since this area of law is still actively being litigated and enforcement can change.
What Penalties Could You Face for Cannabis Possession in Texas?
While CBD and hemp products that meet the Total THC standard are legal in Texas, marijuana possession is still a crime that can result in significant penalties. Under Texas Health and Safety Code § 481.121, penalties are based on the amount of marijuana in your possession:
- Two ounces or less: Class B misdemeanor, punishable by up to a $2,000 fine and up to 180 days in jail.
- More than two ounces but no more than four ounces: Class A misdemeanor, punishable by up to a $4,000 fine and up to one year in jail.
- More than four ounces but no more than five pounds: State jail felony, punishable by up to a $10,000 fine and 180 days to two years in a state jail facility.
- More than five pounds but no more than 50 pounds: Third-degree felony, punishable by up to a $10,000 fine and two to ten years in prison.
- More than 50 pounds but no more than 2,000 pounds: Second-degree felony, punishable by up to a $10,000 fine and two to 20 years in prison.
- More than 2,000 pounds: First-degree felony, punishable by up to a $50,000 fine and five to 99 years, or life, in prison.
- Possession of only drug paraphernalia, including bongs and pipes: Class C misdemeanor, punishable by up to a $500 fine, but no jail time.
Are There Local Jurisdictions That Have Decriminalized Minor Cannabis Offenses?
While cannabis possession and use is still illegal under state law, some Texas cities and municipalities have passed resolutions or laws to partially decriminalize marijuana use within their jurisdictions. Some of these areas include:
- Austin
- Bexar County
- Cedar Park
- Dallas
- Denton
- Elgin
- El Paso
- Harris County
- Hays County
- Killeen
- Nueces County
- Plano County
- San Marcos
- Travis County
- Williamson County
The specifics of these laws vary from place to place, but most cover cases where less than two to four ounces of marijuana are involved. If you’ve been charged with a cannabis crime in Texas, you need an experienced drug possession lawyer on your side who understands the intricacies of federal, state, and local law.
THC Concentrates Vs Marijuana and How These Differences Can Affect You?
According to the U.S. Drug Enforcement Administration (DEA), “marijuana concentrates contain extraordinarily high THC levels ranging from 40 to 80 percent THC amounts. This form of marijuana can be up to four times stronger in THC content than high grade or top shelf marijuana, which normally measures around 20 percent THC levels.”1 Many people are under the impression that smoking a “dab pen” and smoking a “joint” are relatively the same thing. I mean, they are both just weed right? Wrong. In the State of Texas, THC concentrates are not considered marijuana, but instead are categorized as a “controlled substance”. THC concentrates are classified as Penalty Group 2 Drugs, which is always charged as a felony offense, no matter the amount in possession. Punishment for being in possession of a Penalty Group 2 drug can range from two years in jail with a $10,000 fine all the way up to life in prison with a $50,000 fine.
When caught with plant marijuana, the difference between a misdemeanor and a felony will depend on the amount you have. In Texas, possession of marijuana weighing more than four ounces is a felony charge, starting at the state jail felony level and increasing with weight up to a first-degree felony. On the other hand, when it comes to THC concentrates, it does not matter how much one possesses, it is automatically considered a felony offense. In fact, if you are caught with an edible, such as a gummy or brownie, you will be charged for the weight of the entire edible, not just for the amount of THC actually in it.
Usage of THC products has become an escalating problem among today’s youth, especially because they are not aware of how serious it can really be to be caught with a “dab pen.” Just being in possession of one can result in you being charged with a serious criminal offense that changes your life forever. A conviction on a drug-related criminal charge can affect a multitude of life aspirations, such as pursuing higher education, landing a job, being accepted into housing, maintaining a stable financial situation, and so much more. Before deciding to own your own dab pen or vaporizer, consider the consequences, and ask yourself, “is it worth the risk?”
Why is the Right Legal Representation So Important in Cannabis Offense Cases?
While both political parties have discussed the potential for legalizing recreational marijuana in Texas in the future, for now, it remains illegal. A marijuana conviction can leave a mark on your record, result in jail time, and cost you thousands in fines and a possible driver’s license suspension. Having a criminal record can make it challenging to find employment and get housing, and it can impact your right to vote or own a firearm.
With so much on the line, not hiring a skilled legal defense attorney is one of the biggest mistakes you can make. A marijuana charge should not be taken lightly. The marijuana laws in Texas can be complex and challenging for individuals to navigate on their own, leaving them open to life-changing legal consequences. A qualified, aggressive criminal defense attorney can help you mount the strongest possible case to defend your rights and freedom.Related reading: Is Delta-8 legal in Texas? (2026 update), the truth about THC vapes and concentrates, and whether the odor of marijuana can create probable cause to search your car.
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