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Texas

Cannabis laws & medical marijuana program in Texas

Medical only
$0/yr
STATE FEE
1–7 d
TIMELINE
14
CONDITIONS
18
MIN AGE

By Laura H. Meyer

MEDICAL

Legal
Since 2015

PROGRAM

Program
Texas Compassionate Use Program (TCUP)
Year legalized
2015
Reciprocity
✗ No

LIMITS

Possession
Physician-prescribed low-THC cannabis (≤1% THC by weight); dispensary-supplied only; no flower
Flower allowed
✗ Not allowed
Cultivation
✗ Not allowed

COST & TIMELINE

State fee
$0 /yr
Physician fee
$200–$400 (typical)
Timeline
1–7 days

ELIGIBILITY

Patient min age
No statutory minimum
Caregiver min age
21 (parent of minor patient may serve as caregiver)
Out-of-state eligible
✗ No

RECREATIONAL

Not legal
Min age 18
Adult-use cannabis is not legal in Texas. Possession remains a criminal offense — see Sources below for the current penalty schedule.

HEMP

Conditional
21+ for consumable hemp products (HB 4012, effective September 2025)

STATUS

CBD
Legal
Delta-8 THC
Legal
Delta-10 THC
Legal
THCa
Legal

RULES

Age limit
21+ for consumable hemp products (HB 4012, effective September 2025)
Retail rules
Consumable hemp products require Texas DSHS registration. Smokable hemp products restrict the 2020 SB 5009 prohibition on processing and manufacturing smokable hemp in Texas, though sale of out-of-state smokable hemp remains legal. SB 3 (2025) attempted a near-total ban on intoxicating hemp; vetoed by Governor Abbott.
Notes
Texas has one of the largest and most permissive hemp markets in the US. Governor Abbott vetoed SB 3 in June 2025, which would have functionally banned delta-8, delta-9, and delta-10 hemp products. The legislature is expected to revisit a regulatory framework in the 90th regular session.

Qualifying conditions

How to register as a patient in Texas

  1. See a TCUP-registered Texas physician. The Texas Compassionate Use Program (TCUP) operates as a physician-prescription model rather than a patient-card model. A Texas-licensed physician registered with the Compassionate Use Registry of Texas (CURT), with board certification in a relevant specialty for one of the qualifying conditions, must determine that the patient has a qualifying condition under Health & Safety Code Chapter 487 and prescribe low-THC cannabis (cannabis with ≤1% THC by weight).
  2. Prescription is entered into CURT. There is no separate patient registration step. The TCUP physician enters the prescription directly into the Compassionate Use Registry of Texas (CURT), which is administered by the Texas Department of Public Safety (DPS). The patient does not file a separate application, does not receive a state-issued medical cannabis card, and pays no state registration fee.
  3. No state patient fee. Texas does not charge a patient registration fee under TCUP because there is no patient registration; the prescription IS the access mechanism. The patient pays only the physician’s certification fee and the dispensing organization product cost. Caregivers are designated through CURT and pay no separate state fee.
  4. Pick up the prescription from a Texas dispensing organization. Texas has three licensed dispensing organizations under TCUP. The patient presents a Texas driver license or state ID matching the CURT prescription record to pick up low-THC cannabis products (oils, tinctures, gummies, lozenges, topicals — no flower, no inhalable vapor, no products over 1% THC by weight). Texas does not honor out-of-state medical cards; prescriptions are valid for renewal as determined by the TCUP physician.
State registration fee
$0
Physician visit (typical)
$200–$400
Certification to card
1–7 days
Out-of-state patients
Not eligible
Minors
Eligible with caregiver

Legislation

Cannabis-related bills we track in Texas.

  • HB 46: Texas HB 46 — Compassionate Use Program expansion (2025)Enacted

    Added chronic pain, Crohn's disease, and traumatic brain injury as qualifying conditions to the Texas Compassionate Use Program. Authorized transdermal patches, topical lotions, and vaporization as approved product forms. Signed into law during the 2025 regular session.

Hemp sources: Texas DSHS: Consumable Hemp Program; Texas HB 4012 (89R) — Consumable hemp products

For product-specific guides, see all hemp products.

Articles on Texas

Overview

Texas has a limited low-THC medical cannabis program called the Texas Compassionate Use Program (TCUP). The state has no comprehensive medical framework and no adult-use legalization. The program is governed by Texas Health & Safety Code Chapter 487, originally enacted via SB 339 (2015) and expanded by HB 3703 (2019), HB 1535 (2021), and most recently HB 46 (2025).

Texas prohibits recreational cannabis statewide. Several major cities (Austin, Houston, Dallas, San Antonio) operate municipal cite-and-release or diversion programs that effectively decriminalize small-amount possession at the local level, but these do not override state statute.

Medical program. Compassionate Use Program

The Texas Department of Public Safety (DPS) administers the Compassionate-Use Registry of Texas (CURT), which physicians use to enter patient prescriptions and licensed dispensaries (currently three: Compassionate Cultivation, Surterra Texas, and Goodblend) use to verify and fulfill them.

Qualifying conditions (post-HB 46, 2025)

  • Epilepsy and seizure disorders
  • All cancers
  • Autism spectrum disorder
  • Multiple sclerosis
  • Amyotrophic lateral sclerosis (ALS)
  • Spasticity
  • Incurable neurodegenerative diseases (Alzheimer's, Parkinson's, Huntington's)
  • Post-traumatic stress disorder
  • Chronic pain (added by HB 46, 2025)
  • Crohn's disease (added by HB 46, 2025)
  • Traumatic brain injury (added by HB 46, 2025)

Product forms and limits

  • THC cap: 1% by weight: raised from 0.5% in HB 1535 (2021).
  • Approved forms: oils, tinctures, capsules, lozenges, patches, lotions, and vaporization (the latter three authorized by HB 46 in 2025).
  • No smokable flower is permitted.
  • No home cultivation. Patients must purchase from licensed dispensaries.
  • No out-of-state reciprocity. Patients must be Texas residents.

Patients pay for their own prescriptions; Texas insurance does not cover Compassionate Use products. There is no statutory minimum patient age; pediatric patients require a parent or legal guardian to serve as the designated caregiver.

Adult-use penalties

Under TX Health & Safety Code §§481.121 and 481.122:

  • Under 2 oz: Class B misdemeanor. Up to 180 days jail, $2,000 fine.
  • 2 – 4 oz: Class A misdemeanor. Up to 1 year, $4,000.
  • 4 oz – 5 lb: state-jail felony. 180-day mandatory minimum, max 2 years, $10,000.
  • 5 – 50 lb: 3rd-degree felony. 2-year minimum, max 10 years, $10,000.
  • 50 – 2,000 lb: 2nd-degree felony. 2-year minimum, max 20, $10,000.
  • Over 2,000 lb: 1st-degree felony. 5-year minimum, max 99 years or life, $50,000.

Hashish and concentrates are treated as a separate substance ("tetrahydrocannabinol oil"). Possession of any amount is a felony; sentences scale from a 180-day minimum (under 1 g) to life imprisonment (over 400 g).

Municipal cite-and-release programs

Several Texas cities and counties have enacted local-discretion programs that reduce penalties for small-amount cannabis possession:

  • Austin: Proposition A (May 2022) eliminates arrest, citation, and THC field tests for possession of up to 4 ounces.
  • Houston / Harris County: Misdemeanor Marijuana Diversion Program (February 2017).
  • Dallas County: cite-and-release (December 2017).
  • San Antonio / Bexar County: cite-and-release with diversion option (September 2017).

These programs operate at the discretion of local district attorneys and police departments and can be revoked at any time. They do not change the underlying state law.

Hemp regulatory window (2026)

Texas implemented stricter hemp regulations effective March 31, 2026, banning smokable hemp products (flower, pre-rolls) and changing THC calculations to include THCA. A court injunction on April 8, 2026 temporarily lifted the smokable hemp ban pending litigation. The hemp regulatory fight is operationally adjacent to (but legally distinct from) the cannabis statute.

Federal employment and military service

Texas hosts one of the largest federal-installation footprints in the country. Fort Cavazos (formerly Fort Hood), Fort Bliss, Joint Base San Antonio (encompassing Fort Sam Houston, Lackland Air Force Base, and Randolph Air Force Base), Naval Air Station Corpus Christi, Naval Air Station Kingsville, Goodfellow Air Force Base, Sheppard Air Force Base, Dyess Air Force Base, Laughlin Air Force Base, and Ellington Field Joint Reserve Base collectively employ several hundred thousand active-duty service members and federal civilian staff. Texas state law authorizes only a narrow medical Compassionate Use Program, but federal-employment exposure applies even to that limited population.

Affected populations:

  • Active-duty military: UCMJ Article 112a prohibits cannabis use regardless of state law. A positive THC test results in administrative or punitive discipline.
  • Federal civilian employees: subject to federal drug-free workplace rules under 5 U.S.C. §7301. A positive THC test is grounds for adverse action.
  • Security clearance holders: SEAD 4 treats current cannabis use as a clearance concern regardless of state legality.
  • Federal contractors: Drug-Free Workplace Act of 1988 applies; drug-testing requirements often flow through subcontract chains.
  • CDL holders and other DOT-regulated employees: Department of Transportation 49 CFR Part 40 testing rules prohibit cannabis use; a positive test is disqualifying.

Texas state law does not provide medical-cannabis employment protection. Employers may discipline or terminate for any positive THC test regardless of the employee's Compassionate Use Program enrollment. VA medical providers in Texas cannot prescribe or recommend cannabis under federal VA policy, though VA benefits eligibility is not affected by lawful state-program participation. Informational only; not legal advice; consult a licensed Texas attorney for individual situations.

Frequently asked questions

Is recreational marijuana legal in Texas?

No. Adult-use cannabis remains illegal in Texas. Possession of under 2 ounces of cannabis is a Class B misdemeanor under TX Health & Safety Code §481.121 with up to 180 days in jail and a $2,000 fine. Possession of 2 to 4 ounces is a Class A misdemeanor (up to 1 year, $4,000); 4 ounces to 5 pounds is a state-jail felony with a 180-day mandatory minimum; larger quantities escalate through third-, second-, and first-degree felony tiers, with over 2,000 pounds carrying a 5-year minimum and up to life imprisonment plus a $50,000 fine. Cannabis concentrate (THC oil) is charged separately under §481.122 with felony exposure at any amount. Austin (Proposition A of 2022), Houston, Dallas, and San Antonio operate municipal cite-and-release programs, but these do not override state law. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Who qualifies for the Texas Compassionate Use Program?

Texas Health & Safety Code Chapter 487, the Texas Compassionate Use Program (TCUP) originally enacted via SB 339 of 2015 and expanded by HB 3703 of 2019, HB 1535 of 2021, and most recently HB 46 of 2025, lists qualifying conditions including epilepsy and seizure disorders, all cancers, autism spectrum disorder, multiple sclerosis, ALS, spasticity, incurable neurodegenerative diseases (Alzheimer's disease, Parkinson's disease, Huntington's disease), PTSD, chronic pain (a substantial 2025 expansion under HB 46), Crohn's disease, and traumatic brain injury. A CURT-registered physician must prescribe low-THC cannabis through the Compassionate-Use Registry of Texas. Patients must be Texas residents 18 or older; minor patients require a designated caregiver and parental consent. The Texas Department of Public Safety oversees CURT credentialing and the dispensary directory. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

What are Texas medical possession limits?

The Texas Compassionate Use Program (TCUP) authorizes physician-prescribed low-THC cannabis capped at 1% THC by weight under Texas Health & Safety Code Chapter 487, as raised from 0.5% by HB 1535 of 2021. Approved product forms under HB 46 of 2025 are oils, tinctures, capsules, lozenges, patches, lotions, and vaporization (the latter three categories newly authorized in 2025). Smokable flower is not permitted, making TCUP one of the more restrictive medical-cannabis programs in the country. Patients must purchase from one of three licensed dispensaries (Compassionate Cultivation, Surterra Texas/Goodblend, and Texas Original Compassionate Cultivation). There is no fixed possession ceiling; the prescribing physician determines dosage. The CURT prescription itself authorizes possession and serves as the access credential. Patients pay out of pocket; Texas insurance does not cover TCUP products. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Can Texas patients grow cannabis at home?

No. Home cultivation is prohibited under the Texas Compassionate Use Program (TCUP, Texas Health & Safety Code Chapter 487). All medical cannabis must be purchased from one of three state-licensed dispensaries — Compassionate Cultivation, Surterra Texas/Goodblend, and Texas Original Compassionate Cultivation. Patients pay out of pocket because Texas insurance does not cover TCUP products and federal Medicare/Medicaid prohibit cannabis reimbursement. Unauthorized cultivation carries felony charges under TX Health & Safety Code §481.121 with penalties scaling by plant count and weight — even a few plants can trigger state-jail felony exposure with a 180-day mandatory minimum. Designated caregivers also cannot cultivate on behalf of patients. The cultivation prohibition combined with the 1% THC cap and three-dispensary limit leaves Texas patients dependent on a narrow retail network for all product. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Does Texas accept out-of-state medical marijuana cards?

No. The Texas Compassionate Use Program (TCUP) does not provide reciprocity under Texas Health & Safety Code Chapter 487. Patients must be Texas residents to register through CURT, the Compassionate-Use Registry of Texas. Out-of-state medical cardholders are not authorized to purchase from Texas-licensed dispensaries and have no affirmative defense to a state cannabis charge. Out-of-state cards also do not transfer when a patient establishes Texas residency — the patient must obtain a Texas-licensed CURT-registered physician prescription, which is the access credential rather than a state-issued ID card. Adult-use cannabis remains illegal statewide under TX Health & Safety Code §481.121, so there is no dual-track adult-use option for visitors. Visiting medical patients are subject to the same Class B misdemeanor (under 2 ounces) through first-degree felony penalty tiers as Texas residents. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

How do I get a Texas medical cannabis prescription?

Schedule a visit with a CURT-registered physician willing to prescribe low-THC cannabis for one of the qualifying conditions under Texas Health & Safety Code Chapter 487. The physician must be registered with the Compassionate-Use Registry of Texas (CURT), administered by the Texas Department of Public Safety, and must establish a bona fide patient-physician relationship before prescribing. The physician enters the prescription into CURT, where it functions as the patient's access credential — Texas does not issue a separate state medical-cannabis ID card. The patient then fills the prescription at one of the three licensed dispensaries (Compassionate Cultivation, Surterra Texas/Goodblend, Texas Original Compassionate Cultivation). There is no state registration fee but physician-visit and product costs are out of pocket since Texas insurance does not cover TCUP products. Designated caregivers may fill prescriptions on behalf of patients. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Is THC being banned in Texas?

Partially and in flux. Texas Senate Bill 3, signed in 2025 and effective March 31, 2026, banned a wide range of hemp-derived consumable THC products including smokable hemp flower and hemp pre-rolls, and changed the THC calculation method to include THCA in the total THC measurement. A district court injunction issued April 8, 2026 temporarily lifted the smokable hemp ban pending litigation, so smokable hemp flower remains lawful to sell while the case is pending. The cannabis-derived THC market (anything outside the Compassionate Use Program) was already illegal under TX Health & Safety Code §481.121 and §481.122 and is not affected by SB 3 — those penalties continue. The status of edibles, gummies, vape cartridges, and tinctures containing hemp-derived intoxicating cannabinoids will resolve when the SB 3 litigation concludes. Verify the current status through the Texas Department of State Health Services. Informational only; not legal advice.

Can you still buy THCA in Texas?

The legal status of THCA hemp products in Texas is contested as of 2026. Senate Bill 3 (effective March 31, 2026) changed the Texas THC calculation method to include THCA in the total THC measurement, which would make many previously lawful hemp-derived THCA products exceed the 0.3 percent federal threshold and become unlawful under state law. A district court injunction issued April 8, 2026 paused enforcement of the smokable hemp portion of SB 3, but the THCA-inclusion calculation question is part of the broader litigation. Retailers across Texas have responded inconsistently — some pulled THCA products from shelves immediately, others continue selling pending the court outcome. Buying a product marketed as THCA hemp that lab-tests above the post-SB-3 total-THC threshold exposes the buyer to cannabis-possession penalties under §481.121 regardless of how the product was sold. Informational only; not legal advice.

Can I go to jail for smoking weed in Texas?

Yes. Texas prosecutes cannabis possession under TX Health & Safety Code §481.121 as a tiered criminal offense. Possession of under 2 ounces is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. Possession of 2 to 4 ounces is a Class A misdemeanor (up to 1 year, $4,000). Possession of 4 ounces to 5 pounds is a state-jail felony with a 180-day mandatory minimum (maximum 2 years, $10,000). Larger quantities escalate through third-, second-, and first-degree felony tiers, with possession over 2,000 pounds carrying a 5-year minimum and up to life imprisonment plus a $50,000 fine. Concentrate and THC oil are charged separately under §481.122 with felony exposure at any amount. Several Texas cities (Austin, Houston, Dallas, San Antonio) operate cite-and-release programs that reduce small-amount arrests to citations, but these are local discretion and do not change state law. Informational only; not legal advice.

Can you go to a dispensary in Texas?

Only if you are a registered Compassionate Use Program (TCUP) patient with a CURT-entered prescription. Texas has three licensed dispensaries operating under Texas Health & Safety Code Chapter 487, expanded by HB 46 of 2025: Compassionate Cultivation, Surterra Texas (Goodblend), and Texas Original Compassionate Cultivation. Patients must hold a prescription from a CURT-registered physician for one of the program's qualifying conditions (epilepsy, autism, MS, ALS, all cancers, PTSD, chronic pain, Crohn's, TBI, incurable neurodegenerative diseases). There is no state-issued patient ID card — the CURT prescription itself authorizes the patient and any designated caregiver to purchase. Texas has no recreational dispensaries because adult-use cannabis remains illegal. Texas does not honor out-of-state medical cards. Hemp and CBD retailers throughout Texas operate separately under the hemp regulatory framework discussed above. Informational only; not legal advice.

What THC products are not banned in Texas?

As of mid-2026, while SB 3 litigation is pending, the categories of THC-containing product currently lawful to purchase or possess in Texas are limited. Compassionate Use Program patients with a CURT prescription may purchase low-THC cannabis (no more than 1 percent THC by weight) from the three licensed Texas dispensaries — this is the only fully cannabis-derived THC pathway. Hemp-derived CBD products containing no more than 0.3 percent delta-9 THC under the pre-SB-3 calculation remain lawful under the federal 2018 Farm Bill and the Texas hemp program. Smokable hemp flower remains lawful to sell during the April 8, 2026 court injunction pending litigation outcome. The status of hemp-derived gummies, edibles, vape cartridges, and tinctures containing intoxicating cannabinoids (delta-8 THC, delta-10 THC, THCA, HHC) is contested pending the SB 3 case. Verify current legal status with the Texas Department of State Health Services or counsel before purchase. Informational only; not legal advice.

Sources

  1. Texas Health & Safety Code Chapter 487: Compassionate-Use Programaccessed May 15, 2026
  2. NORML: Texas Laws & Penaltiesaccessed May 15, 2026
  3. Wikipedia: Cannabis in Texas (legislative history backlinks)accessed May 15, 2026
  4. TX Health & Safety Code §481.121: Possession of marijuanaaccessed May 17, 2026
  5. TX Health & Safety Code §481.122: Possession of marijuana concentrate (THC oil)accessed May 17, 2026
  6. Texas Senate Bill 3 (2025): Hemp consumable products restrictionsaccessed May 17, 2026
  7. Texas Department of State Health Services: Compassionate Use Programaccessed May 17, 2026
  8. City of Austin Proposition A (May 2022) — cannabis cite-and-release ordinanceaccessed May 17, 2026