Table of Contents
People often inquire if marijuana is legalized in Texas in 2023. They want clarification on its use, ownership, and cultivation. Many marijuana legislation changes have happened over the past decades. Despite this, Texas remains one of the states with the strictest marijuana laws.
Is marijuana permitted in Texas in 2023? What quantity of marijuana can you possess or use in the state? There are several things to know about the marijuana law in this region.
Discover the various restrictions on marijuana consumption, cultivation, and possession in Texas.
History of cannabis legalization in Texas
To understand Texas marijuana laws in 2023, we need to consider the past.
Texas has a long-standing history with cannabis legalization. In 1914, El Paso prohibited cannabis ownership and sale. It was the first city to do so in the USA.
The ban became statewide in 1931 when cannabis possession was considered a felony. As a result, it was illegal to own cannabis seeds in Texas and other related products. Offenders could be punished with jail time of two years or more.
Texas’ pot laws became more lenient in the 1970s. The signing of House Bill 447 in 1973 reduced the punishments. Penalties were categorized according to the quantity of pot owned.
Owning up to two ounces of marijuana was considered a class B misdemeanor. The penalty was a $1,000 fine and a jail time of up to 180 days. Possessing higher quantities could attract more severe punishments.
In 2007, Governor Rick Perry signed a new cannabis regulation. Law enforcement agents would no longer have to arrest cannabis offenders. The legislation didn’t stop police from arresting people for minor cannabis violations.
By 2015, Texas legalized cannabis for medical use. The regulation allowed the consumption of products with less than 0.5% THC. Over the next seven years, various laws reduced the penalties for possessing cannabis.
In April 2023, the Texas Senate received House Bill 218. The proposed regulation covers the possession of small amounts. It’s yet to be seen if it’ll become a law.
Is weed legal in Texas?
Marijuana isn’t legal in Texas. The state classifies it as a Schedule I substance. As a result, its possession, consumption, and cultivation are prohibited. Despite the restrictions, there are notable points to understand about the law.
Possession
Possession of cannabis is illegal in Texas. The penalty for the offense depends on the amount. Having up to two ounces of cannabis is considered a class A misdemeanor. It attracts a $2,000 fine and a jail time of up to 180 days.
Owning two to four ounces of weed is a class A misdemeanor. The punishments include a sanction of up to $4,000 and a year in prison. Possession of more than four ounces is classified as a felony. It’s punishable by a fine of up to $10,000 and a lengthy jail time.
The current law classifies a cannabis plant as having more than 0.3% THC. In Texas, any product with less than 0.5% THC can be sold and used legally.
Although recreational marijuana possession is punishable in Texas, cases involving it are dropping. Many prosecutors don’t penalize people for the offense as much.
Consumption
Texas doesn’t allow recreational weed in 2023. Its use is punishable under the law. The state only allows medical cannabis consumption for the following health issues:
- Epilepsy
- Seizure disorder
- Post-traumatic stress disorder (PTSD)
- Autism
- Spasticity
- Multiple sclerosis
- Cancer
- Amyotrophic lateral sclerosis (ALS)
- Incurable neurodegenerative conditions
Only permanent residents of Texas can get a prescription for medical cannabis. The benefits of this choice must outweigh its potential drawbacks. Only a physician can approve it.
The law allows both children and adults to use medical cannabis. Those under 18 require the permission of a parent or legal guardian.
Growing
Since pot isn’t legal in Texas in 2023, cultivation is also affected. The state doesn’t have any specific laws about growing weed. Offenses are treated as crimes of possession. Only authorized distributors are allowed to grow medical seeds for patients.
Weed cultivators and breeders are punished according to the quantity and intent. The penalties may include a jail time of up to five years. The offenders could have to pay a fine of up to $10,000.
Restrictions and limits
Like many other states, Texas has various restrictions and limits for cannabis use. Let’s explain the most notable ones.
How many grams of weed can I possess in Texas?
Since weed isn’t legal in Texas, you’re not allowed to own any quantity. Possession of weed in the state attracts heavy fines and jail time. You may have a small amount of weed if you have a physician’s prescription.
Can I grow cannabis in Texas?
No, you can’t grow THC or CBD-rich seeds in Texas. While no specific law prohibits cannabis cultivation, growers are usually penalized. Cannabis breeders and cultivators may pay heavy fines and go to jail.
Is recreational marijuana legal in Texas?
In Texas, recreational weed isn’t permitted. People are only allowed to use weed for medical purposes. It’s legal to sell or consume CBD products with less than 0.5% THC.
Where can I buy cannabis seeds legally in Texas?
The prohibition of cannabis ownership affects the sale of cannabis seeds in Texas. Growers may struggle to find any physical stores selling seeds in the state.
Get high-quality marijuana seeds online at Seed Supreme. Keep them as souvenirs until the cultivation laws change in Texas.
Key takeaways
Texas is one of the states in the USA with strict cannabis restrictions. It’s illegal to possess, consume, or grow cannabis in the region. While recreational use is prohibited, medical cannabis is allowed under stringent regulations.
Many are calling for the legalization of weed in Texas in 2023. Lawmakers have also proposed decriminalization. Several state prosecutors have stopped charging some cases of weed ownership.
Although the marijuana laws in Texas may change soon, take caution. Avoid legal issues by adhering to marijuana regulations in the state. Don’t own buds or grow CBD or THC seeds. You can only have products with less than 0.5% THC.
Frequently asked questions
Do you have any questions about the legalization of cannabis in Texas? Find answers to common inquiries below.
Is it illegal to smoke weed in Texas?
Yes, it’s illegal to smoke weed in Texas. Medical weed in the state isn’t available in smokable form. Toking for recreational or therapeutic purposes isn’t permitted.
Does Texas allow out-of-state medical marijuana?
No, Texas doesn’t allow out-of-state medical marijuana. You can’t bring marijuana into Texas if you’re using it for health reasons. A marijuana prescription is only available to permanent residents of Texas.
Is delta-8 still legal in Texas?
Delta-8 is still legal to possess, use, sell, and distribute in Texas. It must be derived from hemp plants with less than 0.3% THC.
