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Statute Reference
Tex. Health & Safety Code § 481.001 et seq. (Texas Controlled Substances Act); Tex. Health & Safety Code § 487.001 et seq. (Compassionate Use Act); Tex. Agric. Code § 121.001 et seq. (hemp)
Penalties for Violations
Possession under 2 oz: Class B misdemeanor (up to 180 days, $2,000). Possession 2-4 oz: Class A misdemeanor (up to 1 year). Over 4 oz: felony. Texas has some of the highest incarceration rates for cannabis possession in the nation.
Exceptions & Special Cases
Compassionate Use Program: low-THC (capped at 1% by weight, effectively ~10mg THC) for limited conditions (cancer, epilepsy, PTSD, autism, ALS, MS, incurable neurodegenerative diseases, and chronic pain added in 2023). Only 3 licensed producers. No flower, no smoking.
Recent Changes
2024: Texas delta-8 market continued to grow (estimated $8B+); DSHS pressed its appeal. 2025: Legislature considered comprehensive delta-8 regulation bills (HB 218, SB 72) — including age restrictions, testing/labeling requirements, and potential THC caps per package — rather than an outright ban. Medical program added chronic pain (2023). Decriminalization bills introduced in multiple cities.
Expanded Analysis: Texas Cannabis & Delta-8 Laws
What this means for residents and visitors: An in-depth review of Cannabis & Delta-8 laws in Texas finds that the substance is classified as 'Partial' under current state and federal statutes. Texas operates a limited low-THC medical program (Compassionate Use Program, 2015) that has slowly expanded but remains among the most restrictive in the nation. Adult-use cannabis is illegal. Delta-8 Individuals planning to possess, purchase, or distribute Cannabis & Delta-8 in Texas should be aware that {'delta8_status': 'Legal (under court injunction). In October 2021, the Texas Department of State Health Services (DSHS) classified delta-8 THC as a Schedule I controlled substance and ordered its rem. We recommend consulting a qualified local attorney before relying on any legal status summary.
Related restrictions: {'delta8_status': 'Legal (under court injunction). In October 2021, the Texas Department of State Health Services (DSHS) classified delta-8 THC as a Schedule I controlled substance and ordered its removal from retail. Hemp industry companies (Hometown Hero CBD and others) sued and obtained a temporary injunction from a Travis County court. The injunction has held through appeals in 2022-2025. The Texas Supreme Court has not taken up the case definitively. Delta-8 remains legally sold in Texas — the state is the largest delta-8 market in the US. The legal status depends entirely on the injunction remaining in place.', 'thca_status': 'Legal under Farm Bill. THCa flower is sold widely in Texas and has become an enormous market. The DSHS attempted to include THCa in its delta-8 scheduling action, but the injunction protects it as well.', 'possession_limits': 'No legal adult-use possession. Compassionate Use Program: low-THC products capped at 1% THC (effectively ~10mg). No flower. No home cultivation. Hemp-derived delta-8/THCa: no state-imposed possession limits under injunction.'}
📖 Official Resources
Source: https://www.dshs.texas.gov/consumer-safety/consumable-hemp-program
Check neighboring states
Also on State Law Guide
Frequently Asked Questions
📅 Most Significant Events in the Last Year — Cannabis & Delta-8
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You were caught with cannabis concentrates and face much harsher penalties than if you had the equivalent amount of flower, despite the weight being much smaller.
You used delta-8 THC products thinking they wouldn't show up on a drug test, but you tested positive and now face employment, legal, or probation consequences.
You produce or sell cannabis-infused edibles in packaging that is not child-resistant, violating state and federal packaging requirements.
You failed a workplace drug test and are trying to argue that it was caused by legal delta-8 rather than illegal marijuana use.
You started growing cannabis at home and exceeded the legal plant count limit, now facing felony cultivation charges.
You transport hemp-derived products across state lines for your business, but some states have banned or restricted the specific cannabinoids you carry.
Your medical marijuana card expired and you continued to possess and use cannabis, now facing charges for unlawful possession.
You ordered delta-8 products online from an out-of-state retailer and the package was intercepted and seized by law enforcement during delivery.
You ordered THCa flower online from an out-of-state vendor, believing it is legal under the 2018 Farm Bill, but law enforcement intercepted the package and is pressing charges.
You've been selling delta-8 THC products from your smoke shop or online store without obtaining the required state licenses or permits.
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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Texas for legal advice specific to your situation.