If you’re in Texas and asking whether you can legally buy, possess or use full-strength cannabis in 2026, the answer is no, not for general recreational use. The state only allows very restricted medical cannabis (low THC) under the Texas Compassionate Use Program, and hemp-derived products with very low THC are legal under specific rules. But broad legalization of marijuana remains off the table.
How Texas Law Works Right Now
- Possession of cannabis (marijuana) that contains higher levels of THC remains illegal under Texas law.
- The Compassionate Use Program (TCUP) allows certain patients with qualifying conditions to access low-THC cannabis (oil/edibles) under strict limits.
- At the same time, Texas has legalized industrial hemp and hemp-derived products under House Bill 1325 (2019), which allows cannabis plants containing 3% THC or less by dry weight to be treated differently.
What That Means for Texans
- If you have marijuana with standard THC levels: it is illegal to possess, use, or sell under Texas law.
- If you’re a qualified patient under TCUP: you may legally access certain low-THC cannabis forms.
- If you buy hemp-derived products (with THC at or below state/federal thresholds): they may be legal now — though regulation is evolving.
Major Regulatory Updates to Be Aware Of
- Texas has not legalized recreational cannabis for adult use.
- Texas lawmakers considered sweeping bans or changes to hemp-THC laws in 2025, but full recreational legalization remains out of reach.
- Federally, there is also a newly passed law (Nov 2025) that will reduce allowable THC in hemp-derived consumables and impose new federal restrictions, which will affect Texas’ hemp/cannabis regulatory landscape.
What You Should Know If You’re in Texas
- Do not assume you can legally use “weed” or standard cannabis in Texas the way you can in other states.
- If you qualify for the medical program, make sure you meet all conditions: doctor certification, registered dispensary, approved forms of use.
- If you’re buying hemp-derived products: check how much THC they contain, confirm the source, and stay aware that regulations may change.
- Be aware of evolving laws: regulation of hemp/THC-products is under intense legislative and federal review. What is legal now may change.
Final Take
In Texas in 2026, cannabis (marijuana) is not legal for recreational use. Only certain medical cannabis is permitted under strict state program rules. Hemp-derived products with low THC are legal under certain circumstances — but the regulatory environment is shifting, especially with federal changes coming. If you’re considering use, always check the specific product, your eligibility, and stay updated on Texas and federal law.
