As of recent, the law and proposed law surrounding THC, Marijuana, and Hemp in Texas is not so.... evergreen. Navigating the shifting landscape of the surrounding laws regarding the topic is critical more than ever. For Criminal Defense Attorneys in Houston to Galveston, it is critical to stay aware of the evolving and differing positions throughout the State, in addition to the laws. The legal landscape in Texas for these substances is complex, with significant changes enacted and proposed in 2025. This blog post breaks down the current state of these laws, recent legislative developments, and what might be on the horizon.

Nothing in the post should be construed as legal advice and was posted in August of 2025. The law continues to change. It sometimes deals with complex issues and interpretations. Everyone should individually consult with an attorney, if needed, or get their information directly from objective and legal research sources, such as Texas State Law Library: https://guides.sll.texas.gov/cannabis

Where It Stands in 2025

Marijuana is Still, Very Much So, Illegal in Texas

Marijuana is classified as a controlled substance on both the federal and state levels. Recreational marijuana remains illegal in Texas, specifically, cannabis with THC content above 0.3% delta-9 on a dry weight basis. Under Texas law, possession of it alone carries significant penalties:

• Possessing 2 ounces or less is a Class B misdemeanor with a range of punishment of up to 180 days in jail, and/or a $2,000 fine;  
• Possessing 2 to 4 ounces is a Class A misdemeanor with a range of punishment of up to 1 year in jail, and/or a $4,000 fine;
• Possessing 4 ounces to 5 pounds is a State Jail felony with a range of punishment of 180 days to 2 years in state jail, and/or a $10,000 fine; and  
• Possessing over 5 pounds: Felonies with escalating prison terms and fines up to $50,000.

Additionally, possession of drug paraphernalia, such as pipes or rolling papers, is typically a Class C misdemeanor with a fine only punishment.

Many major cities in Texas have in the past, or currently have "cite and release" or non-prosecution polices. Certain law enforcement agencies make the deliberate decision to not prosecute low level marijuana offenses if it meets a certain criteria. This reduces arrests and alleviates a crowded justice system that has been weighed down by low level drug offenses in the past. Despite these local practices and local policies, it does not nullify the State's law.

Concentrated Tetrahydrocannabinol (THC): More Concentrated, Higher Charges

Concentrated THC (vape pens, edibles, wax, oils, etc.) fall under Penalty Group 2 of controlled substances. Penalty Group 2 drugs include psilocybin (shrooms), phencyclidine (PCP), and 3,4 Methylenedioxy-Methamphetamine (MDMA/ Ecstasy). Possessing concentrated THC begins with a felony level offense regardless of amount possessed:

• Possessing less than 1 gram is a State Jail felony, 180 days to 2 years in state jail and up to $10,000 fine;
• Possessing 1 to 4 grams is a Third-degree felony, 2 to 10 years in prison and up to $10,000 fine;
• Possessing 4 to 400 grams is a Second-degree felony, 2 to 20 years in prison and up to $10,000 fine; and
• Possessing 400 grams or more is a First-degree felony, 5 to 99 years or life in prison and up to $50,000 fine.

Hemp... What Happened?

Hemp, defined as cannabis with a THC concentration of 0.3% or less has created a significant stir and much argument since 2018. It became legal following the 2019 Texas hemp legalization law, which aligned with the federal 2018 Farm Bill. It allowed the sale of hemp derived products like delta-8, delta-9, and Tetrahydrocannabinolic acid (THCa). These products are available throughout Texas in an unregulated and contentious market. Legal ambiguity becomes an issue. It not only effects the outright sale or possession of it, but it creates legal complexities and unsettled arguments in the prosecution and defense of other substances similar to Hemp. 

Medical Cannabis: The Texas Compassionate-Use Program (CUP)

Texas passed the Compassionate-Use Act in 2015. It allowed legal use of low-THC cannabis products in the state for patients with intractable epilepsy. It has continuously been expanded to allow use for patients with other conditions. The list of conditions are listed under the Texas Occupations Code in Section 169.003. Only certain qualified physicians are allowed to prescribe low-THC cannabis to patients with certain conditions. "Low-THC cannabis" means the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant that contains not more than 10 milligrams of tetrahydrocannabinols in each dosage unit.

On June 21, 2025, House Bill 46 was signed into law, effective September 1, 2025, expanding the CUP. Chronic pain, traumatic brain injury, Chron's disease, and terminal illnesses will be added to qualifying conditions. Additional licensed dispensaries and additional storage facilities will improve access. New forms of products, such as patches, topicals, and inhalation devices will be allowed. Lastly, updates to the allowable milligrams in dosages and permittable refills will be updated.

Proposed Changes and Legislative Positions

The 2025 legislative session has highlighted strong stances by many different positions for hemp-derived THC products. Senate Bill 3 (SB 3) aimed to ban all consumable hemp products containing intoxicating cannabinoids like delta-8 and delta-9. It proposed fines or jail time dependent on the conduct. Harsher penalties were proposed for manufacturing or selling the products. The bill passed the Senate but was later vetoed. Proposals have been made to regulate the industry as opposed to ban the products completely. Cited proposals include limiting the THC levels in hemp-derived products, prohibiting sales to those under a certain age, and enhanced testing for accurate THC content identifications. Recently introduced bills have proposed similar regulations such as allowing edibles and drinks but banning vapes and restricting sales in certain zones (such as near schools).

House Bill 1208 proposed legalizing recreational marijuana for a certain age and allowing possession of up to a certain amount in one's home. Proposals for outright legalization of marijuana still faces strong opposition Texas. Some major cities continue to try and expand their local practices and policies. One city specifically enacted an Act in 2025 decriminalizing possession of up to 4 ounces. These local acts face challenges because in interferes with State law.

What Does It All Mean for You?

• Medical Cannabis Users: Access will be expanded, but the program remains restrictive. Patients must ensure prescriptions comply with regulations to avoid legal risks.
• Hemp Product Consumers: The veto of SB 3 might keep some hemp-derived THC products somewhat legal for now (but still ambiguity exists). Increased scrutiny and potential regulations mean consumers should verify product compliance (e.g., THC below 0.3%).
• Businesses: Hemp retailers face uncertainty with potential regulations or bans looming. Compliance with labeling, testing, and age restrictions will be critical.
• Criminal Defendants: Those charged with possession or distribution need an attorney familiar with the nuances of marijuana, THC, and hemp laws, as penalties can escalate quickly, especially for concentrated THC.

Texas's cannabis laws are constantly changing, and legal missteps can lead to severe consequences, from misdemeanors to life-altering felonies. If you're facing charges related to marijuana, THC, or hemp products, consult a criminal defense attorney immediately. An experienced lawyer can navigate local policies, challenge evidence, and leverage recent legislative changes to build a strong defense.

Future legislative sessions and special sessions will continue shaping cannabis policy. The fight over hemp regulation and recreational legalization reflects deep divisions. As a Houston criminal defense attorney, I urge clients, the public, and law enforcement to stay informed. If you need guidance or representation, contact my office at 713-242-8917 or complete the form on my site to set up a free and confidential consultation on your particular issue to protect your rights in this rapidly changing legal landscape.