Mark Anderson | February 16, 2026 | Texas Law
While many states have moved toward decriminalizing marijuana, Texas still enforces some of the strictest cannabis laws in the country. It’s important to understand how the law works, as you may be entitled to substantial compensation if you were injured in an incident, like a car accident, involving marijuana use.
Here’s what you need to know about marijuana laws in the Lone Star State and your legal rights.
Recreational Marijuana Is Still Illegal
Recreational marijuana use is completely illegal under Texas law. Possession of marijuana in any amount remains a criminal offense under Texas Health and Safety Code § 481.121.
The severity of the charge depends on how much marijuana you have:
- Under 2 ounces: Class B misdemeanor (up to 180 days in jail and $2,000 fine)
- 2 to 4 ounces: Class A misdemeanor (up to one year in jail and $4,000 fine)
- 4 ounces to 5 pounds: State jail felony (up to two years in state jail and $10,000 fine)
- Over 5 pounds: Felony offenses with penalties that can reach 99 years in prison for large quantities
Possessing drug paraphernalia (like rolling papers) can lead to separate charges
While some Texas cities have adopted policies to reduce arrests for small amounts of marijuana, state law still technically classifies possession as a crime. Local decriminalization efforts generally do not override statewide statutes.
Medical Marijuana Use Is Extremely Limited
Texas has a medical marijuana program, but it’s much more restrictive than those in most other states. The Texas Compassionate Use Program (CUP) allows qualifying patients to use low-THC cannabis oil, defined as containing no more than 1% THC by weight.
Only patients diagnosed with certain medical conditions can participate, including:
- Epilepsy
- Multiple sclerosis (MS)
- Cancer
- Amyotrophic lateral sclerosis (ALS)
- PTSD (for veterans and civilians)
- Autism and certain incurable neurodegenerative diseases
Note that even with this program in place, you still cannot purchase marijuana in flower form or use it recreationally if you qualify. Only licensed physicians registered with the CUP can prescribe low-THC cannabis, and the product must be purchased through a state-approved dispensary as well.
Hemp and CBD Products Are Legal (With Limits)
The Texas Legislature legalized hemp in 2019 through House Bill 1325, following the 2018 Farm Bill. Hemp and hemp-derived products like CBD are legal as long as they contain less than 0.3% THC.
However, this distinction has led to confusion for law enforcement and consumers alike. Marijuana and hemp look and smell nearly identical, so the police may still arrest individuals until lab testing confirms THC levels.
It’s also worth noting that delta-8 THC, a chemical cousin of traditional THC, remains controversial in Texas. Courts have issued mixed rulings about whether delta-8 is legal, and the state continues to challenge its sale and distribution.
Driving Under the Influence of Marijuana Is a Crime
Driving while under the influence of marijuana is treated similarly to drunk driving under Texas law. Police can charge you with driving while intoxicated (DWI) if marijuana impairs your physical or mental faculties.
Unlike alcohol, there’s no specific THC concentration that automatically proves impairment. Instead, prosecutors rely on things like field sobriety tests and lab results to support a DWI charge.
Contact the Fort Worth Personal Injury Lawyers at Anderson Injury Lawyers for Help Today
Marijuana laws in Texas remain among the most complex and unforgiving in the nation. While public attitudes toward cannabis are shifting, possession and use can still carry serious risks and may also lead to liability in the event of an accident.
If you or a loved one were involved in an incident involving marijuana, Anderson Injury Lawyers can help. Contact our Fort Worth personal injury attorneys today for legal help and a free consultation.We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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