Is Marijuana Legal in Texas in 2025? What You Need to Know
As more states move toward full marijuana legalization, Texans are asking a crucial question in 2025: Is marijuana legal in Texas?
The short answer: Recreational marijuana is still illegal in Texas. While some forms of medical marijuana are allowed under tightly regulated conditions, most cannabis products containing more than 0.3% THC remain prohibited.
In this updated guide, we’ll break down current marijuana laws in Texas, recent legislative changes, the penalties for possession, and what you can do if you’re facing a marijuana-related charge in Fort Bend County or surrounding areas.
What Is Considered Marijuana Possession in Texas?
Under Texas law, possession of marijuana means knowingly or intentionally having a usable quantity of cannabis — even a small amount — on your person or property.
Texas classifies marijuana as a Schedule I substance, mirroring federal law. While the state has made limited exceptions for medical use, most forms of cannabis with psychoactive THC content are illegal outside those exceptions.
You can be charged with possession for:
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Flower (plant material)
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Cannabis oil or concentrates
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Edibles
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Vape cartridges containing THC
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Any amount of Delta-9 THC exceeding 0.3%
The Difference Between CBD, Hemp, Medical Marijuana & Recreational Marijuana in Texas
Understanding the legal definitions is key to knowing what’s legal — and what can still get you arrested:
| Product | THC Threshold | Legal Status in Texas |
|---|---|---|
| Hemp | ≤ 0.3% Delta-9 | Legal for cultivation, sale, and use |
| CBD (from hemp) | ≤ 0.3% Delta-9 | Legal when derived from hemp |
| Delta-8 THC | ≤ 0.3% Delta-9 | Legal in some counties; gray area legally but generally tolerated |
| Medical Marijuana | 0.3–1.0% Delta-9 | Legal only with prescription under the Texas Compassionate Use Program |
| Recreational Marijuana | > 1.0% Delta-9 | Still illegal for any purpose in Texas |
Even if you believe you’re within a legal threshold, a lab test or misunderstanding can lead to arrest and prosecution. When in doubt, consult a criminal defense attorney.
Penalties for Marijuana Possession in Texas (2025)
Possession of marijuana — even in small amounts — carries criminal penalties unless you qualify under a medical exemption.
| Charge Level | Amount Possessed | Penalty |
|---|---|---|
| Class B Misdemeanor | Less than 2 oz | Up to 180 days in jail + $2,000 fine |
| Class A Misdemeanor | 2–4 oz | Up to 1 year in jail + $4,000 fine |
| State Jail Felony | 4 oz – 5 lbs | Up to 2 years in jail + $10,000 fine |
| 3rd Degree Felony | 5–50 lbs | Up to 10 years in prison + $10,000 fine |
| 2nd Degree Felony | 50–2,000 lbs | Up to 20 years in prison + $10,000 fine |
| 1st Degree Felony | Over 2,000 lbs | Life in prison + up to $50,000 fine |
Possession with intent to distribute, growing marijuana, or possessing concentrated THC products (like wax, oils, or edibles) can result in felony charges, even in smaller amounts.
Can First-Time Offenders Avoid Jail Time?
Yes, especially if you have no prior criminal record. In Fort Bend County and nearby jurisdictions, options may include:
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Pretrial diversion programs
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Drug treatment programs
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Deferred adjudication
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Probation instead of jail time
An experienced criminal defense attorney can advocate for these alternatives and work to keep your record clean.
Timeline of Recent Marijuana Law Changes in Texas
Texas has been slow to embrace cannabis reform, but progress has been made:
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2015: Compassionate Use Act allows low-THC cannabis for epilepsy patients
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2019: HB 1325 legalizes hemp and CBD with less than 0.3% Delta-9 THC
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2021: HB 1535 expands medical marijuana to include PTSD and cancer patients; raises THC cap to 1.0%
Still, marijuana remains illegal for recreational use in all Texas counties — including Fort Bend, Harris, and Brazoria.
Is Legalization Coming to Texas?
While full legalization hasn’t yet occurred, the political and cultural climate is shifting:
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Public support is growing — recent polls show a majority of Texans support legalization
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Neighboring states like New Mexico and Oklahoma allow cannabis sales
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Federal legalization efforts may push Texas to reconsider its position
For now, however, marijuana possession remains a criminal offense in Texas — and charges can carry life-altering consequences.
Do You Need a Lawyer for a Marijuana Charge in Texas?
Yes. Even small possession cases can damage your record, cost you your job, or affect child custody and housing.
Attorney Lee D. Cox has more than 20 years of experience defending drug cases in Fort Bend County, Richmond, Sugar Land, and throughout Southeast Texas. He can:
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Fight to get charges dismissed or reduced
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Help first-time offenders avoid jail
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Explore expunction or record sealing if eligible
📞 Charged with Marijuana Possession? Call Now.
If you’ve been charged with marijuana possession in Texas, don’t take chances. Contact Attorney Lee D. Cox for a confidential consultation today.
Call 281-762-7345 to speak with a Fort Bend criminal defense attorney who knows how to fight cannabis charges — and win.
20+ Years of Experience in Criminal Defense
I began my career with the District Attorney’s office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.
