Is Marijuana legal in Texas?

Image representing Cannabis legalization in Texas

If you are a Texas resident or someone visiting and want to know if Marijuana is legal in Texas or Not, the Law governing Texas Cannabis Use, and  How to safely consume Cannabis in Texas? Your search end here.

In this article, we are going to explain everything you need to Cannabis use in Texas, The recent changes in laws, The penalties, and the future of Cannabis in Texas, and more, so let’s get into it.

To answer your question, No, Marijuana is not legal for Recreational use in Texas, but it is legal for Medical Use for patients who are suffering from certain medical conditions.

Is medical marijuana legal in Texas?

Yes, Medical Marijuana is legal in Texas to some extent. Texas has a Compassionate Use Program, According to which, if you are a resident of Texas and have certain qualifying conditions you are eligible to use Cannabis.

The qualifying condition of a patient for Cannabis use in Texas are:

  • All forms of epilepsy and other seizure disorders 
  • Autism and other spectrum disorders
  • Multiple Sclerosis (MS)
  • Spasticity 
  • Amyotrophic Lateral Sclerosis (ALS) 
  • Terminal Cancer 
  • All Cancer (Starting September 1, 2021)
  • Alzheimer’s Disease and other dementias
  • Parkinson’s Disease 
  • Post-Traumatic Stress Disorder (PTSD) (Starting September 1, 2021)
  • Huntington’s Disease 
  • Chronic Traumatic Encephalopathy (CTE)

The medically prescribed Cannabis in Texas has a low THC, high CBD ratio, which makes it very difficult to get any psychoactive sensation from it, but it will certainly provide you relief in your medical condition.

If you have any other condition (not mentioned above) and want a medical marijuana prescription in Texas, then you can contact Texas Authorities by simply filling an Official form. After which you will be scheduled an appointment with a physician, virtually and if you are eligible, you will get your medical marijuana card and a prescription for Medical Cannabis.

Texas does not have a Cannabis caregivers program, so a patient has to personally buy their medicinal Cannabis supplies from a dispensary and if he/she is unable to then it is necessary that you consult the prescribing doctor and ask them if your legal guardian can pick your products from a licensed dispensary on your behalf.

If a patient is younger than 18 years, He/She will need a legal guardian to purchase medical cannabis for them.

Texas Cannabis Law and Penalties:

Before September 2021, It was a crime to carry or sell Cannabis and its products that have THC over 0.5% in Texas and there were strict medical conditions under which a person was eligible for Cannabis use.

After 1 September 2021, House Bill 1535 came into action in Texas, In accordance with that more conditions were added to the patient’s eligibility list and the THC cap of Cannabis products was raised to 5% from the previous 0.5%.

If you are caught with less than 1 ounce of Cannabis in Texas, there is a good chance that the authorities will let you go with just a warning or a fine, but you won’t go to jail for this.

The possession and distribution of around 4 ounces (113 grams) of Cannabis is a misdemeanor in Texas, that could result in up to 6 months of jail time and a fine of 2000$. Possession of Cannabis above 4 ounces in Texas is a felony that can get you up to 10 years of jail time and at least 10,000$ of fine. 

You can also incur a fine of 500$ and jail time if you are caught with any of the Cannabis accessories like Pipe, Bongs, THC vape cartridges, and more.

If you are caught driving under the influence of Cannabis, you can get up to 6 days of jail time and a fine for your first DUI, while a second DUI can put you in prison for like 2 years.

If you are ever in this kind of situation there are certain ways to get rid of Cannabis from your system, like Hydrate, or take a nap before driving, or you can try a detox drink.

Is homegrown of Cannabis allowed in Texas?

No, you can’t grow cannabis at your home.

In Texas, if you are caught growing Weed at your home, you can get at least 6 months of jail time which could be up to life and incur a heavy fine.

Is delta 8 THC legal in Texas?

Delta 8 THC is a chemical compound that is extracted from Hemp, which has some medical and psychoactive properties associated with it. 

According to the 2018 farm bill, Hemp with less than 0.3% of THC is legal in the United States, and Delta 8 is also made up of Hemp which is technically also legal, but certain states have decided to restrict the use of Delta 8 products and Texas was one of them, but an Austin-based hemp manufacturer has filed a lawsuit against the Texas Department of State Health for the use of Delta 8 product and the judge has decided to go with the Hemp manufacturer and making Delta 8 legal in Texas, for Now.

Are Edibles legal in Texas?

No, Edibles are also Illegal in Texas.

Any edibles if found laced with THC can incur a heavy fine and some jail time. In texas, be extra cautious with edibles because if you are caught, the penalties will be considered on the basis of the weight of edibles, Not their Cannabis content. So even if you make 2 oz of marijuana into a brownie, your brownie is definitely going to weigh a lot more and according to Texas law, this will be considered a felony.

When will weed be legal in Texas?

The future of Cannabis is uncertain in Texas but more people are in support of making Cannabis legal.

According to a recent poll, More than 60% of Texas residents are in favor of making Weed legal for medical and recreational use, while some were indecisive, and only 14% were against the legalization of Cannabis in Texas.

Every day, more people are understanding the benefits of cannabis getting with the legalization of Cannabis, and we can’t say for sure when will Marijuana be legal in Texas, but more states have legalized cannabis and profiting a good amount from tax revenues and it will not be a surprise to see a state like Texas to follow in their footsteps sooner than later.

Although the future of Cannabis is uncertain in Texas, it is progressing in the right direction, while Delta 8 has become legal for now,  I believe the lawmakers will also understand the benefits for cannabis and the profits it can bring through tax revenues.

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