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Texas’ Cannabis and Hemp Laws


Texas does not have a medical marijuana program; however, they do have limited access to cannabis oil up to 0.5% THC.

Legal Personal Possession Weight

No amount of cannabis is considered legal in the state of Texas. Any amount under 2-ounces is considered a misdemeanor.





Legal Personal Possession Weight

Recreational cannabis is outlawed in Texas. Any amount under 2-ounces is a misdemeanor and will be subject to fines and potential incarceration.



Grow Your Own


Plant Count

Cultivating cannabis in Texas is a serious offense. Texas punishes individuals who are caught cultivating plants by weighing the entire plant. This means that, although there may not be any “usable marijuana,” the weight may still result in a serious felony charge.



Is Caregiving Allowed


Plant Count

Since there is not a medical marijuana program, there is not a caregiver program in Texas.


There is no amount of cannabis that any individual can possess in the state of Texas.

License Cost

There are currently no licenses available for medical patients or caregivers at this time in Texas.

Which Organization Manages Licenses?

Texas does not have a regulating agency that oversees cannabis licensing.



Vertical or Horizontal Cannabis License for Business

Which Organization Manages Licenses?

There are no organizations in the state of Texas that manage the licensing procedure for cannabis-based businesses.

Total Cannabis License Cost

N/A. Cannabis is currently banned in the state of Texas.

Dispensary License Cost

N/A. Cannabis is currently banned in the state of Texas.

Cultivation License Cost

N/A. Cannabis is currently banned in the state of Texas.

Transportation License Cost

N/A. Cannabis is currently banned in the state of Texas.

Disposal License Cost

N/A. Cannabis is currently banned in the state of Texas.

CBD or Hemp License/Program (Yes or No)


Which Organization Manage Licenses?

Texas Department of Agriculture

Texas Department State of Health Services

Cultivation License

If you would like to apply to cultivate hemp, apply here for a Hemp License:


Handler License

If you would like to apply for a Hemp Handler License, apply here:


Lot Crop Permit License

If you would like to apply for a Lot Crop Permit License, click here:


Food License

Currently, the state of Texas is following the guidelines of the FDA. This means all food products must comply with the 0.3% THC rule and ensure that the final product is fit for human consumption.

However, hemp companies that come in contact with raw or unprocessed hemp will need a Handler License to process hemp into consumable CBD oil.


Retail License

Currently, any business that sells hemp-based products, such as CBD oil, must register with the Texas Department of State Health Services.



Where Can You Legally Consume Cannabis in Texas?

Cannabis is illegal in the state of Texas, which means you cannot consume it anywhere. However, if you have a doctor’s prescription, then you may consume a cannabis oil that’s only 0.5% THC. If you decide to consume CBD oil that’s 0.3% THC or less, then you may consume it without.

Driving Under the Influence in Texas

Texas is known for some of the harshest penalties in the US. Driving under the influence of cannabis is a serious offense, which nearly guarantees jail time, a suspension on a driver’s license, and fees. Do not drive while high in Texas.

Can You Transport Marijuana in Texas?

Absolutely not. Carrying more than 2-ounces in Texas may result in a felony charge. Any amount under 2-ounces is considered an automatic misdemeanor.

Can You Export Marijuana from Texas?

No. Cannabis is illegal in Texas, which means you cannot cultivate, consume, sell, possess, or transport it. Exporting marijuana from Texas may result in a serious charge as it also breaks federal law.

When Will Texas Legalize Cannabis?

Although there are organizations lobbying for recreational and medical cannabis — Texas is still a way off from legalization or decriminalization.

How Can I Use Cannabis Legally in Texas?

You may only use cannabis oil if you have a valid doctor’s prescription. Once you have a qualifying condition, you can purchase a cannabis oil that’s maximum 0.50% THC. This means that it’s derived from hemp, which is naturally low in THC and high in CBD.

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