Is marijuana legal in Texas?  The short answer is “no”.  But, marijuana laws across the United States have changed dramatically in the last decade.  Texas has recently enacted a statute which allows the medical use of marijuana.  The medical use of marijuana in Texas is allowed in extremely limited situations.  Texas is one of the States that still has not permitted the recreational use of marijuana.

What is Marijuana

Marijuana is the cannabis sativa plant.  It has over 480 naturally occurring ingredients.  THC (Delta-9-tetrahydrocannabinol), is the main ingredient that produces the psychoactive effect. 

When smoked, marijuana travels from the lungs to the bloodstream.  This carries the chemical throughout the body.  The chemicals cause changes to the brain, blood vessels, and even the lungs.

Criminal Acts

We know that many states allow marijuana for recreational use.  Even more States allow for medical marijuana.  Neither of these positions means anything in Texas.  If you travel from another State to Texas with marijuana, you have committed a crime.

Even possession of marijuana is considered a criminal act.  Like most substances, it will depend upon how much the person has.  Possession starts out as a Class B misdemeanor (if you have 2 ounces or less).  It goes up to a First-Degree felony for possession of over 2,000 pounds.

Delivery or intent to distribute marijuana is a crime that starts as a State Jail Felony (less than 1 gram) and goes all the way up to a First-Degree felony (above 400 grams). 


If you or a loved one has a charge of either possessing or distributing marijuana in Texas, contact your criminal law attorney right away.  The facts of your case and the county who is charging you will determine how your case will need to proceed.