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Texas’ Cannabis and Hemp Laws
Medical
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.
Source
https://norml.org/states/item/texas-penalties-2?category_id=888
Recreational
No
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.
Source
https://norml.org/states/item/texas-penalties-2?category_id=888
Grow Your Own
No
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.
Source
https://norml.org/states/item/texas-penalties-2?category_id=888
Is Caregiving Allowed
No
Plant Count
Since there is not a medical marijuana program, there is not a caregiver program in Texas.
Weight
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.
Source
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)
Yes
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:
https://licensing.texasagriculture.gov/
Handler License
If you would like to apply for a Hemp Handler License, apply here:
https://licensing.texasagriculture.gov/
Lot Crop Permit License
If you would like to apply for a Lot Crop Permit License, click here:
https://licensing.texasagriculture.gov/
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.
https://licensing.texasagriculture.gov/
Retail License
Currently, any business that sells hemp-based products, such as CBD oil, must register with the Texas Department of State Health Services.
https://www.dshs.texas.gov/consumerprotection/hemp-program/default.aspx?terms=hemp
FAQs
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.
