Understanding Texas Cannabis Laws: Is Marijuana Legal in Texas?

As the debate surrounding the legalization of cannabis continues across the United States, it’s important to understand the specific laws and regulations in Texas. The Texas State Law Library offers comprehensive guidance on this topic, helping to clarify the complex legal landscape.

Under Section 481.121 of the Texas Health and Safety Code, the possession of marijuana is considered a criminal offense, with the severity varying based on the amount possessed. Additionally, Section 481.122 addresses the delivery of controlled substances, including marijuana, to individuals under 18 years of age, marking it as a serious offense.

In contrast, the Texas Compassionate Use Program (CUP) permits certain physicians to prescribe low-tetrahydrocannabinol (THC) cannabis for medical purposes. This program defines low-THC cannabis as any part of the Cannabis Sativa L. plant or its derivatives containing no more than 0.5% by weight of THC.

Despite these provisions, recreational use of marijuana remains illegal under both Texas and federal law. The Texas Controlled Substances Act and the United States Code Title 21 Section 844 outline the federal penalties for possession of a controlled substance. This underscores the ongoing conflict between state and federal laws regarding cannabis use and regulation.

Furthermore, Chapter 75 of the Texas Civil Practice and Remedies Code limits landowner liability for damages arising from the use of their property, including for activities like community gardening, which could be relevant in discussions around cannabis cultivation.

For more detailed information about cannabis laws in Texas, including distinctions between state and federal regulations, visit the Texas Medical Marijuana page and the Department of Transportation’s notice on recreational marijuana.

Understanding these laws is crucial for anyone interested in the legal status of cannabis in Texas, whether for medical or recreational purposes.