What's the status of marijuana in Texas? An explainer on THC, CBD, Delta-8 and more
"4/20" is near for cannabis-loving Texans, but the laws around the use of cannabis are murky.
On March 19, the Texas Senate passed Senate Bill 3, led by Texas Lieutenant Governor Dan Patrick, on a 24-7 vote to ban all forms of tetrahydrocannabinol, or THC.
Patrick has been vocal about banning THC products in the state, stating that there are too many unregulated cannabis dispensaries in the state and wants to shutter those businesses.
Patrick has also said that the products are dangerous. 'I named SB 3 a major legislative initiative of mine because I will not allow retailers to circumvent the law and put Texans', and especially children's, lives in danger,' he said in a press release.
According to the Texas Tribune, there are more than 7,000 cannabis dispensaries in the state.
SB 3 has been passed to the Texas House, but they hope to pass a version of their anti-cannabis legislation, House Bill 28.
As we approach the unofficial stoner holiday 4/20, here's a breakdown of where Texas stands on cannabis laws.
In Texas and federal law, recreational use of marijuana is still illegal. The consequences vary depending on how much a person is in possession of.
The Texas Health and Safety Code states that possession of marijuana, two ounces or less, is considered a Class B misdemeanor.
For now, it's unlikely. However, recent laws have taken place to decriminalize marijuana laws in the state.
In 2019, Gov. Greg Abbott signed House Bill 1325 into law. The law allows the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas, provided that they stay at a 0.3% or less Delta-9 or Delta-8 THC level. This also includes consumable hemp products that contain cannabidiol, as well as other edible parts of the hemp plant.
Cannabidiol (CBD) is a substance derived from the cannabis plant that does not have the psychoactive properties that THC does. In other words, THC is what someone consumes to get 'high' or intoxicated, while CBD does not possess the same chemicals.
The Texas Agriculture Code defines "hemp" as "the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis."
Delta-9 is a type of cannabis. It gets its name from the fact that it has 9 THC molecules. Delta-8 THC and Delta-9 THC come from the cannabis sativa plant. Unlike CBD, Delta-9 THC is psychoactive, which means it can make you feel high or intoxicated.
Delta-8 carries a low amount of hemp (0.3%) and, therefore, is permitted under Chapter 443 of the Texas Health and Safety Code. According to the FDA, Delta-8 has psychoactive and intoxicating effects; however, it is generally less potent than Delta-9. Delta-8 was considered a Schedule I controlled substance, but a temporary injunction filed in Travis County has removed the status.
Kind of. Don't think you're about to be Willie Nelson, though.
In 2015, Texas passed the Compassionate-Use Act, which allowed the first legal use of low-THC cannabis products in the state for patients with intractable epilepsy. It was expanded in 2019 and 2021 to include other conditions.
Chapter 169 of the Texas Occupations Code states that patients suffering from the following conditions are allowed to use low-THC cannabis products:
epilepsy
seizure disorders
multiple sclerosis
spasticity
amyotrophic lateral sclerosis
autism
cancer
post-traumatic stress disorder
an incurable neurodegenerative disease
SB3 is a bill that would look to ban the sale of all THC-related products, including Delta 8 and Delta 9. Those in support of SB3 argue that THC is legally being sold throughout the state through a loophole in the Agriculture Improvement Act — also known as the Farm Bill — passed in Texas.
SB 3 would maintain the legality of CBD, a non-intoxicating and non-psychoactive cannabidiol, while enforcing stricter regulations on its products.
Here is what the bill is proposing:
The bill bars sales and marketing to individuals under 21.
No cannabinoid-containing products can be sold within 1,000 feet of a school.
Products must have tamper-evident, child-resistant, and resealable packaging.
The punishments under SB3 are:
A third-degree felony to manufacture or sell hemp products with cannabinoids other than CBD or CBG.
AClass A misdemeanor to possess hemp products with cannabinoids other than CBD or CBG.
A Class A misdemeanor to ship or mail a consumable hemp product with any amount of any cannabinoid.
On Monday, Texas House Committee on State Affairs members spent hours hearing public testimony on the future of THC, as lawmakers weigh whether to fully ban or regulate hemp-derived products.Led by Texas Rep. Ken King, HB 28 focuses on the regulation of cannabis products rather than an outright ban. The bill would ban all THC consumables, like flowers, edibles and vapes, but would regulate THC-infused drinks.
Here is what the bill proposes:
Bans the manufacturing and sale of all edible consumable hemp products, smokable hemp, and inhalable products.
Businesses processing hemp or manufacturing consumable hemp products must pay a $5,000 initial licensing fee per location, with a $2,500 renewal fee.
A person must be 21+ to purchase any product that contains any cannabinoids.
Consumable hemp products may only include CBD, CBG (Cannabigerol), and/or THC D9. No full spectrum products. No claims of medical use.
Mail order shipments are banned.
No products with any amount of any cannabinoid can be sold within 1,000 feet of a school.
On April 7, hundreds of people fled to the Texas State Capitol for a hearing over SB3 and HB28 that would restrict the sale of consumable hemp products in the state.
The 16-hour committee hearing marked the latest effort in an ongoing legislative campaign to curb the spread of legal hemp products containing THC.
Proponents of the ban — like Lubbock Republican Sen. Charles Perry, who authored the 2019 hemp law as well as the current Senate proposal to ban certain hemp consumable products — argue manufacturers are exploiting a loophole in the hemp program to sell THC consumables.
Supporters of legal hemp argue that banning the substance would be devastating to the hemp industry. According to the Texas Tribune, advocates warn that if the proposed bills are enacted, it could lead to the loss of nearly 50,000 jobs and wipe out tax revenue from the $8 billion the industry generates each year.
Much of the testimony could be seen on social media. Here is what Texans were saying.
-Austin American-Statesman reporter Alex Driggars contributed to this report.
This article originally appeared on Austin American-Statesman: Is Texas going to ban THC? What to know about marijuana laws in 2025
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