Texas
Texas operates a medical-only, low-THC program — the Texas Compassionate Use Program (TCUP) — and has not legalized adult-use cannabis. The Texas Compassionate-Use Act (Senate Bill 339), signed June 1, 2015, created the program; the first legal low-THC deliveries began in February 2018. Texas is distinct in that physicians prescribe, rather than recommend, low-THC cannabis, tracked through the Compassionate Use Registry of Texas. House Bill 46, signed June 21, 2025 and effective September 1, 2025, was the program's largest expansion: it replaced the prior 1-percent-by-weight THC cap with a volumetric standard of 10 milligrams of THC per dosage unit, added qualifying conditions including chronic pain and terminal illness, authorized physician-prescribed pulmonary inhalation through approved devices, and raised the statutory dispensing-organization cap from 3 to 15. Three vertically integrated dispensing organizations hold active licenses and serve roughly 31.3 million residents — 0.1 operating organizations per million residents. The 12 new licenses authorized by HB 46 are conditionally selected and in buildout, not yet operational. Smokable and combustible flower remains prohibited. Texas publishes no TCUP sales or tax-revenue figures, so the size of the market cannot be quantified from public records.
Licensing & Market
Texas authorizes a single vertically integrated "dispensing organization" license that permits cultivation, processing, and dispensing of low-THC cannabis; there are no standalone cultivation or retail license categories (Health & Safety Code Chapter 487). Three dispensing organizations hold active licenses and are operational. House Bill 46 raised the statutory cap from 3 to 15, and the Department of Public Safety is issuing the 12 new licenses in two conditional phases — 9 selected in December 2025 and 3 selected in April 2026 — with a 24-month window to become operational; those licensees are not yet final or operating. There are 0.1 operating dispensing organizations per million residents. Texas does not use a conventional storefront-dispensary model: the licensed organizations deliver to patients statewide and operate authorized pickup and satellite locations, with HB 46 requiring at least one satellite per public-health region, so a per-100,000-resident dispensary density is not published and cannot be stated from public records. The non-refundable application fee is $7,356; the initial two-year license fee is $488,520 and the biennial renewal fee is $318,511 (37 Texas Administrative Code § 12.14). Whether the program imposes a hard owner-residency requirement and whether licenses are freely transferable are not confirmed in the public record. The statewide seed-to-sale tracking vendor is not confirmed in a primary public source.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | 3 | [5] |
| Cultivator licenses operational | 3 | [6] |
| Cultivator activation rate | 100% | [7] |
| Operating cultivators per million | 0.1 | [8] |
| Retail licenses awarded | 3 | [9] |
| Retail licenses operational | 3 | [10] |
| Retail activation rate | 100% | [11] |
| Dispensaries per 100k | Not available in the public record | — |
| Vertical integration | required | [12] |
| License caps exist | Yes | [13] |
| Licenses transferable | Not available in the public record | — |
| Residency required | Not available in the public record | — |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | $7,356 | [14] |
| Cultivator annual fee | $318,511 | [15] |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Texas permits a restricted set of product forms. Smokable and combustible flower and whole-plant cannabis are prohibited; the legal forms are products limited to phytocannabinoids — oils, tinctures, capsules, lozenges, topicals, suppositories, and, under House Bill 46, approved aerosol or vapor devices for physician-prescribed pulmonary inhalation (Health & Safety Code § 487.1071(b); Occupations Code § 169.006). THC is capped at 10 milligrams per dosage unit, with dispensing limited to 1 gram of total THC per package or container and 1 gram of THC per pulmonary-inhalation device (Occupations Code § 169.001(3); Health & Safety Code § 487.107(c)). The program uses a prescription-supply model rather than a possession ounce limit: a physician may prescribe up to a 90-day supply based on the prescribed dosage. Home cultivation is not permitted for any person, including registered patients. Delivery to registered patients is legal and operational. Texas has no on-site or social consumption-venue category.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [16] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | Yes | [17] |
| Delivery operational | Yes | [18] |
| Consumption lounges legal | No | [19] |
| Consumption lounges count | 0 | [20] |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | No | [21] |
| Restricted product forms | Low-THC cannabis only; no smokable/combustible flower. Products limited to phytocannabinoids (Health & Safety Code §487.1071(b)). HB 46 (89th Leg., 2025; eff. Sept 1, 2025) replaced the prior '1% THC by weight' cap with a volumetric standard: not more than 10 mg THC per dosage unit (Occupations Code §169.001(3)), with dispensing caps of 1 gram total THC per package/container and 1 gram THC per pulmonary-inhalation device (HS §487.107(c)). HB 46 newly authorized physician-prescribed pulmonary inhalation of an aerosol or vapor via approved medical devices (OC §169.006) — but did NOT authorize combustible/smokable flower. Authorized forms: oils, tinctures, capsules, lozenges, topicals, suppositories, and approved aerosol/vapor devices. | [22] |
Taxation
Texas imposes no cannabis-specific excise tax, potency tax, or wholesale tax; no such provision exists in the Texas Tax Code, and TCUP is a physician-prescribed medical program rather than a taxed commercial market. The retail sales-tax treatment of TCUP product is unsettled in the public record: Tax Code § 151.313(a) exempts a drug or medicine prescribed and dispensed by a licensed practitioner, and TCUP product is uniquely physician-prescribed, but no Texas Comptroller ruling explicitly confirms that low-THC cannabis qualifies, so the applicable sales-tax rate cannot be stated from public sources. Because Texas collects no cannabis-specific tax, the Comptroller publishes no TCUP tax-revenue series, and cannabis tax revenue and per-resident tax revenue cannot be quantified from public records. No cannabis-specific tax has been adopted or changed since the program began.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | none | [23] |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [24] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [25] |
| Tax direction | unchanged | [26] |
Operator Data
Texas publishes no public sales figures for the Compassionate Use Program; neither the Department of Public Safety nor the dispensing organizations report revenue, so total market sales and sales per resident cannot be stated from public records. The program has held three dispensing-organization licenses since 2015, which is both the current and the high-water count; no license has been surrendered or revoked according to available sources, so no license-attrition series exists. The expansion to 15 organizations under House Bill 46 is in progress, with 12 conditionally selected licensees in buildout. Smokable and combustible flower is prohibited, so there is no wholesale or retail flower market to price. The state publishes no wholesale price index, and operator margins and wholesale price trends cannot be quantified from public records.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | 3 | [27] |
| Current cultivation licenses | 3 | [28] |
Consumer Data
Texas publishes no public sales total for the Compassionate Use Program, so cannabis spending per resident cannot be stated from public records. Three dispensing organizations serve roughly 31.3 million residents through statewide delivery and authorized pickup and satellite locations; the program does not use countable storefronts and does not publish a clean per-100,000-resident dispensary figure. Texas publishes no estimate of legal-market capture — the share of consumption met by licensed sellers versus the unregulated market — and no retail price trend, so neither can be stated from public sources.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Texas's cannabis program contains no social-equity component: there is no equity license category, no equity fund, no income criterion, and no community-reinvestment mechanism tied to the program (Health & Safety Code Chapter 487; Occupations Code Chapter 169). The state does not publish minority- or women-owned shares of cannabis licensees. Texas has no cannabis-specific or automatic record-clearing program; general expunction under Code of Criminal Procedure Chapter 55 and orders of nondisclosure are petition-based and limited to non-conviction outcomes or certain deferred-adjudication dispositions, and the state publishes no cannabis-specific count of records cleared.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [29] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [30] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [31] |
| Expungement automatic | No | [32] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Texas administers the Compassionate Use Program within the Department of Public Safety's Regulatory Services Division, and 37 Texas Administrative Code Chapter 12 requires each dispensing organization to use a perpetual inventory-control system that tracks low-THC cannabis from seed to patient delivery and interacts with the Compassionate Use Registry, along with DPS-approved laboratory testing for potency and contaminants. Beyond these requirements, the operational metrics of enforcement — inspection counts, enforcement actions against licensees, unlicensed-market enforcement actions, regulatory budget and staffing, the count of required testing analytes, per-batch testing cost, product recalls, and the fine schedule — are not available in the public record. This is not because enforcement does not occur, but because the regulator does not report these figures in a form that can be sourced for a public reference.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Texas has not legalized adult-use cannabis, so there is no lawful adult possession limit. Possession of 2 ounces or less is a Class B misdemeanor carrying up to 180 days and a fine up to $2,000; more than 2 to 4 ounces is a Class A misdemeanor; more than 4 ounces (113.4 grams) to 5 pounds is a state jail felony, the felony threshold for possession (Health & Safety Code § 481.121). Cultivation is charged as possession by aggregate weight; manufacturing THC concentrate is prosecuted more harshly as a Penalty Group 2 controlled substance under § 481.116. Unlicensed delivery is tiered by weight up to a first-degree felony, and a tier for more than 2,000 pounds carrying 10 to 99 years or life and a fine up to $100,000 was added effective September 1, 2023 (Health & Safety Code § 481.120). The medical program has only expanded since 2015. Texas sets no per se THC blood limit for impaired driving, relying on an impairment standard under Penal Code § 49.04. There is no automatic or cannabis-specific record clearing. Post-legalization arrest figures are not asserted here: Texas has no adult-use law to mark a post-legalization period, and the only available arrest series is secondary federal data that the source describes as an undercount, preserved in the underlying time-series rather than stated as a figure. A 2020 analysis of 2018 arrest data reported that Black Texans were 2.6 times as likely as white Texans to be arrested for cannabis possession.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Texas has no separate marijuana-cultivation offense; growing cannabis is prosecuted as POSSESSION by aggregate plant weight under Health & Safety Code §481.121: more than 4 oz to 5 lb = state jail felony (180 days-2 years + up to $10,000); 5-50 lb = third-degree felony (2-10 years); 50-2,000 lb = second-degree felony (2-20 years); more than 2,000 lb = first-degree felony (5-99 years/life + up to $50,000). Manufacturing THC concentrate/extract is prosecuted more harshly as a Penalty Group 2 controlled substance under §481.116 (up to first-degree felony), not as marijuana. | [33] |
| Max penalty, unlicensed sale | Delivery of marijuana, Health & Safety Code §481.120: one-fourth ounce or less without remuneration = Class B misdemeanor; one-fourth ounce or less with remuneration = Class A misdemeanor; more than one-fourth ounce to 5 lb = state jail felony; 5-50 lb = second-degree felony; 50-2,000 lb = first-degree felony; more than 2,000 lb = first-degree felony enhanced to 10-99 years/life imprisonment and a fine up to $100,000. | [34] |
| Felony threshold (grams) | 113.4 | [35] |
| Felony threshold type | possession | [36] |
| Penalty, possession over limit | Texas has not legalized adult-use cannabis, so there is no lawful adult possession limit. Possession of marijuana under Health & Safety Code §481.121: 2 oz or less = Class B misdemeanor (up to 180 days jail + up to $2,000); more than 2 oz to 4 oz = Class A misdemeanor (up to 1 year + up to $4,000); more than 4 oz to 5 lb = state jail felony. A registered TCUP patient who possesses low-THC cannabis outside the prescribed amount/program loses the statutory legal-protection defense. | [37] |
| Penalty, public consumption | No separate public-consumption decriminalization exists; marijuana possession/use in public is charged by quantity under Health & Safety Code §481.121 (2 oz or less = Class B misdemeanor). Smoking/combustion of TCUP low-THC cannabis is not an authorized administration method. | [38] |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [39] |
| Penalties increased post-legalization | No | [40] |
| Penalty direction | mixed | [41] |
| Penalty direction details | Texas has not legalized adult-use cannabis, so there is no legalization baseline. Recreational possession penalties (Class B misdemeanor for 2 oz or less) are essentially unchanged. At the trafficking extreme, the Legislature ADDED a 'more than 2,000 lb' first-degree tier (10-99 years/life) effective Sept 1, 2023. In the opposite direction, the medical TCUP program has only EXPANDED: SB 339 (2015) created the low-THC program; HB 1535 (2021) raised the cap to 1% THC and added conditions; HB 46 (signed June 21, 2025, eff. Sept 1, 2025) replaced the weight cap with a volumetric standard, added chronic pain/TBI/Crohn's/terminal-illness conditions, authorized pulmonary-inhalation devices, and raised the dispensing-license cap from 3 to 15. | [42] |
| Post-legalization arrests (annual) | 27300 | [43] |
| Racial disparity ratio | 2.6 | [44] |
| Expungement exists | No | [31] |
| Expungement automatic | No | [32] |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Texas https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Texas https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: Census Vintage 2024 population; Texas DPS CUP license structure and fees (37 TAC §12.14); HB 46 enrolled (signed June 21, 2025, eff. Sept 1, 2025); FBI UCR/NIBRS arrests through CY2024 via NORML.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), Texas July 1, 2024 = 31,290,831 https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ Texas DPS Compassionate Use Program — three licensed vertically integrated dispensing organizations hold active TCUP licenses (Cansortium Texas/Fluent, Compassionate Cultivation/Texas Original, Surterra Texas/goodblend). HB 46 (2025) raised the cap to 15 and DPS is issuing 12 new licenses in two conditional phases (9 Phase I, 3 Phase II), not yet fully licensed/operational https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Texas DPS CUP — the three existing dispensing organizations are operational (cultivate, process, and dispense low-THC cannabis statewide). The 12 HB 46 expansion licensees are conditionally selected and in due-diligence/buildout (24 months to become operational) https://www.dps.texas.gov/news/dps-update-phase-ii-texas-compassionate-use-program-expansion-selection-process
- ↑ CALC: operational (3) / awarded (3) × 100 = 100%. Reflects only the three existing fully licensed dispensing organizations https://www.dps.texas.gov/section/compassionate-use-program
- ↑ CALC: 3 operational dispensing organizations / (31,290,831 / 1,000,000) = 0.10 per million — among the lowest cultivation-license densities of any state with a licensed program https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Texas DPS CUP — TCUP uses a single vertically integrated 'dispensing organization' license that authorizes cultivation, processing, AND dispensing; the three dispensing organizations are the retail channel (plus authorized satellite/pickup locations and statewide delivery). No separate retail license category exists https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Texas DPS CUP — the three dispensing organizations dispense to patients via delivery and authorized pickup/satellite locations statewide https://www.dps.texas.gov/section/compassionate-use-program
- ↑ CALC: operational (3) / awarded (3) × 100 = 100% (single integrated dispensing-organization license) https://www.dps.texas.gov/section/compassionate-use-program
- ↑ TCUP dispensing organizations must be vertically integrated — a single license authorizes the licensee to cultivate, process, and dispense low-THC cannabis (Health & Safety Code §487.001 et seq.); there are no standalone cultivation or retail licenses https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Health & Safety Code Ch. 487 caps the number of dispensing-organization licenses; HB 46 (89th Leg., 2025) set the cap at 15 total dispensing organizations (raised from 3) https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ 37 TAC §12.14 (Compassionate Use Program fee schedule) — non-refundable dispensing-organization application fee = $7,356 https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-12-14
- ↑ Texas DPS Compassionate Use Program FAQ (Application Information) and 37 TAC §12.14 — the biennial (two-year) renewal license fee is $318,511; the initial new dispensing-organization license fee is $488,520 for a two-year period https://www.dps.texas.gov/section/compassionate-use-program/faq/application-information
- ↑ No home-cultivation provision exists in Health & Safety Code Ch. 487 or Occupations Code Ch. 169; growing cannabis outside a licensed dispensing organization is a criminal offense. [SECONDARY] Marijuana Policy Project corroborates no home grow https://www.mpp.org/states/texas/
- ↑ TCUP dispensing organizations dispense low-THC cannabis to patients via the Compassionate Use Registry; HB 46 (2025) added satellite/secure-storage locations (new Health & Safety Code §487.1035, at least one per public-health region) supporting statewide patient distribution https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ Texas DPS CUP / HB 46 §6 — TCUP dispensing organizations deliver low-THC cannabis to registered patients statewide and operate authorized pickup/satellite locations; prior approved pickup locations were converted to satellite locations under HB 46 https://www.dps.texas.gov/section/compassionate-use-program
- ↑ No on-site/social consumption venue category exists in Health & Safety Code Ch. 487 or Occupations Code Ch. 169; TCUP is a physician-prescribed medical program https://www.dps.texas.gov/section/compassionate-use-program
- ↑ No state-licensed consumption-venue category exists in Texas; count = 0 https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Texas prohibits smokable/combustible flower and whole-plant cannabis; only low-THC cannabis limited to phytocannabinoids is authorized (Health & Safety Code §487.1071(b)) https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ HB 46 enrolled (89th Leg., 2025): Occupations Code §169.001(3) caps THC at 10 mg per dosage unit; Health & Safety Code §487.107(c) caps dispensing at 1 gram total THC per package/container and 1 gram THC per pulmonary-inhalation device; §487.1071(b) restricts products to phytocannabinoids; new OC §169.006 authorizes physician-prescribed pulmonary inhalation of an aerosol/vapor via approved devices. No combustible/smokable flower https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ Texas levies no cannabis-specific excise tax. There is no cannabis excise provision in the Texas Tax Code, Health & Safety Code Ch. 487, or Occupations Code Ch. 169; TCUP is a physician-prescribed medical program, not an excise-taxed commercial market https://comptroller.texas.gov/taxes/
- ↑ Texas has no potency-based or cannabis-specific tax of any kind; no such provision exists in the Texas Tax Code https://comptroller.texas.gov/taxes/
- ↑ No cannabis-specific tax (excise, potency, or wholesale) has ever been enacted in Texas, so there is nothing to change https://comptroller.texas.gov/taxes/
- ↑ No cannabis-specific tax regime exists or has changed in Texas https://comptroller.texas.gov/taxes/
- ↑ Texas DPS CUP — three dispensing-organization licenses is the historical count (2015-2024) and current operational count; HB 46's expansion to 15 is in progress (12 new conditional) https://www.dps.texas.gov/section/compassionate-use-program
- ↑ Texas DPS CUP — three dispensing organizations currently hold active TCUP licenses and cultivate; the 12 HB 46 expansion licensees are conditionally selected and not yet operational https://www.dps.texas.gov/section/compassionate-use-program
- ↑ TCUP (Health & Safety Code Ch. 487, Occupations Code Ch. 169) contains no social-equity license category, equity fund, or community-reinvestment mechanism. [SECONDARY] Marijuana Policy Project corroborates no equity provisions https://www.mpp.org/states/texas/
- ↑ No dedicated cannabis social-equity fund exists in Texas https://www.mpp.org/states/texas/
- ↑ Texas has no cannabis-specific expungement/record-clearing program. General expunction (Code of Criminal Procedure Ch. 55) and orders of nondisclosure are available for arrests not resulting in conviction or for certain deferred-adjudication outcomes, but there is no automatic or cannabis-specific sealing of marijuana convictions. [SECONDARY] NORML Texas penalties https://norml.org/laws/texas-penalties/
- ↑ Texas has no automatic cannabis record-clearing; general expunction is petition-based and limited to non-conviction outcomes. [SECONDARY] NORML Texas penalties https://norml.org/laws/texas-penalties/
- ↑ Health & Safety Code §481.121 (possession of marihuana by aggregate weight; cultivation is charged as possession) and §481.116 (THC concentrate as a Penalty Group 2 controlled substance) https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Health & Safety Code §481.120 (delivery of marihuana) — weight-tiered penalties up to a first-degree felony enhanced to 10-99 years/life and a fine up to $100,000 for more than 2,000 lb https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Health & Safety Code §481.121 — possession of more than 4 ounces (113.4 g) of marihuana is a felony (state jail felony for >4 oz to 5 lb); 2 oz or less is a Class B misdemeanor and 2-4 oz is a Class A misdemeanor https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Health & Safety Code §481.121 — the 4-ounce felony threshold applies to possession https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Health & Safety Code §481.121 — possession penalties by weight (2 oz or less = Class B misdemeanor; 2-4 oz = Class A misdemeanor; >4 oz to 5 lb = state jail felony) https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Health & Safety Code §481.121 — no separate public-consumption offense; possession/use is charged by quantity https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Texas has no per se THC blood limit and no enforceable zero-tolerance THC-DUI rule; driving while intoxicated is impairment-based ('loss of the normal use of mental or physical faculties') under Penal Code §49.04. [SECONDARY] NORML drugged-driving / Texas penalties https://norml.org/laws/texas-penalties/
- ↑ Texas has not legalized adult-use cannabis, so there is no post-legalization baseline; recreational possession penalties are essentially unchanged. (A 'more than 2,000 lb' first-degree trafficking tier was added effective Sept 1, 2023, and the medical program has expanded — see penalty_direction_details.) https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- ↑ Mixed: recreational possession penalties essentially unchanged; a 'more than 2,000 lb' first-degree tier was added (eff. Sept 1, 2023) at the trafficking extreme; the medical TCUP program has only expanded (SB 339 2015, HB 1535 2021, HB 46 2025) https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ Texas Legislature Online — HB 46 (89th Leg., 2025) enrolled bill (TCUP expansion); Health & Safety Code §481.121/§481.120 (criminal marijuana penalties) https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00046F.htm
- ↑ [SECONDARY] NORML, 'Annual Texas Marijuana Arrests,' compiling FBI UCR/NIBRS — 27,300 marijuana arrests in CY2024 (most recent year; NIBRS agency reporting incomplete, likely undercount). Underlying primary: FBI UCR/NIBRS https://norml.org/marijuana/library/state-marijuana-arrests/texas-marijuana-arrests/
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020 report covering 2010-2018 arrest data; ratio is the 2018 latest-year snapshot) — Black Texans were 2.6x more likely than white Texans to be arrested for marijuana possession; ACLU of Texas framed this as 'almost three times.' Underlying primary: FBI/UCR arrest data https://www.aclutx.org/en/press-releases/new-aclu-report-black-people-still-almost-three-times-more-likely-get-arrested