Marijuana laws in Texas are confusing. Here's a guide to know what is and isn't legal

In late January, Texas Attorney General Ken Paxton sued to block the ordinances of five cities decriminalizing low-level marijuana possession. Those cities — Austin, Denton, Kellen, San Marcos and Elgin — each had voters approve policies that would end arrests and citations for possession of less than four ounces of marijuana.

There is often confusion about what the state laws say about marijuana and what laws are being argued. As we approach the unofficial stoner holiday 4/20, let's break it all down.

Can marijuana be used recreationally in Texas?

In Texas and federal law, recreational use of marijuana is still illegal. Depending on how much a person is in possession of, the consequences vary.

The Texas Health and Safety Code states that possession of marijuana two ounces or less is considered a Class B misdemeanor.

Will marijuana be legal in Texas in 2024?

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 granted that they stay at 0.3% or less delta-9 THC level. This also includes products for consumable hemp products that contain cannabidiol (CBD), as well as other edible parts of the hemp plant.

What’s the difference between THC and CBD?

Cannabidiol (CBD) is a substance derived from the cannabis plant that does not have the psychoactive properties that tetrahydrocannabinol (THC) does. In other words, THC is what someone consumes to get “high” or intoxicated, while CBD does not possess the same chemicals.

What is hemp?

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."

What is Delta-8 vs. Delta-9? 

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 scheduled one controlled substance but a temporary injunction filed in Travis County has removed the status.

Is Delta-8 legal in Texas? For now — but confusion, frustration over state's 'clarification' abounds

Is medical marijuana legal in Texas?

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 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

Medical marijuana is legal in Texas: Here’s how to get it

This article originally appeared on Austin American-Statesman: Marijuana in Texas: What you need to know about weed laws in 2024