Cannabis Laws in Texas, What can and can’t be done?

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Map of Texas with a background of marijuana plants.
Map of Texas with a background of marijuana plants.


The although most US states are taking steps forward with regard to the use of medicinal or recreational cannabis, there are still some who refuse to advance in this regard. In this article we are going to try to clarify what the cannabis law says in Texas so that there is no confusion in this regard, whether you are a resident of this state, or if you plan to go tourism.



⛳ Cannabis Laws in Texas What can and can’t be done?



If you like weed and danger, Texas is a great place to live, otherwise it’s not highly recommended for stoners, not even users of medical marijuana. It seems incredible the differences that can be found in this great country just by moving from one state to another.

Texas is one of the most conservative places in this country, and although most of the people of this southern state would welcome a change in current legislation, it is still a danger to possess or use marijuana.



✨ Is recreational marijuana use legal in Texas?


No, absolutely not, it is one of the most restrictive states in this regard, and the fines are very severe. In many cases it is not necessary to be in possession or consuming cannabis to receive a sanction, and worst of all is that even amounts that in another state can be considered as personal use, in Texas can lead you directly to jail. Here’s a look at how far the problem can go:


  • Possession of up to 2 ounces (56.7 grams) of marijuana is considered a misdemeanor, and can carry a $ 2,000 fine and up to 6 months in prison.
  • Possession of 4 ounces (113.4 grams) or more of cannabis buds carries a penalty of a minimum of 6 months in jail.
  • The cultivation of a single plant can carry a prison sentence, because this crime is based on the total weight of the seized.
  • Doing your own cannabis extractions takes you directly to jail for at least 6 months, and if the amount exceeds 4 grams it can be up to 5 years.
  • Possession of a simple cartridge of cannabis to vaporize can put you behind bars for a minimum of 6 months.
  • You can even be fined $ 500 for carrying a pipe or any other device to use marijuana.
  • In Texas, all drug-related crimes lead to suspension of the driver’s license.



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👌 Can you legally use cannabis medicinally in Texas?


Yes, although with many restrictions, because only cannabis that does not exceed 0.5% THC is allowed, and not in any format or for anyone. The compassionate use program allows seriously ill people access to medical cannabis to a limited extent. The diseases that fall under this program are the following:


  • Autism
  • Amyotrophic lateral sclerosis (ALS)
  • Incurable neurodegenerative disorders Intractable
  • Epilepsy
  • Spasticity
  • Multiple sclerosis
  • Seizure disorders
  • Terminal cancer


Texas cannabis laws, penalties and permitted uses
Texas cannabis laws, penalties and permitted uses



🚀 Is it CBD legal in this state?


Cannabidiol itself is legal,even allowing growing hemp as long as not exceeding 0,3% THC. In this sense, Texas took advantage of the federal laws that legalized hemp a few years ago and is granting licenses to cultivate this plant without psychoactive effects. Right now there is a large amount of hemp-derived products in Texas, as in the rest of the country, but in this state it is not allowed to consume it smoked.



✅ A legalization of cannabis that is not seen in the short term, or if


Texas does not have a legalization program like many other states in the USA have or had. Although in 2019 there was a decriminalization bill that was approved by the majority in the House of Representatives, it was later overthrown in the Senate.

In surveys conducted in recent years in this state regarding cannabis, there is an increase in people who seem willing to change their laws, but it seems that it is still not enough. 38% of Texans would welcome the legalization of consumption entirely for adults over 21 years of age. If we stick to medical marijuana, support rises to 73%, and only 14% of the inhabitants would vote in favor of maintaining the current laws. Even 62% of Republican voters would be in favor of reducing the penalties related to this plant, a figure that opens a door to hope.

Some cities in Texas are taking action locally, regardless of state law, although this is far from easy. Austin is one of them, which in July 2020 formally eliminated cannabis arrests from its local police department.



🔥 Conclusion


Although it remains a difficult issue right now, the legalization of marijuana in Texas will sooner or later come. The people are increasingly aware that it is a low-toxic substance with great therapeutic properties, and it is a matter of time before this change reaches the high ranks, especially the Republican Senate, which seems not to be very much on the job. At Pevgrow we will be attentive to possible legal changes in this and other states, to keep you informed of everything.


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Fran Quesada Moya
Fran Quesada Moya

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