Historically, Texas has maintained stringent cannabis laws:
- In 1915, El Paso became the first U.S. city to ban marijuana, and Texas soon followed statewide.
- From 1973 to 2015, possession laws eased gradually.
- In 2015, Gov. Greg Abbott signed the Compassionate Use Act, allowing limited low‑THC medical cannabis.
- HB 1325 in 2019 legalized hemp (< 0.3% Δ⁹‑THC) and created a hemp‑based consumables program.
As of mid‑2025, recreational cannabis remains illegal. Possession of up to two ounces is a Class B misdemeanor with a fine up to $2,000; possession over four ounces is a felony.
Medical Cannabis Expansion — HB 46 (2025)
On June 21, 2025, Texas adopted a significant expansion to its medical cannabis program (HB 46), making the state the 40th to legalize medical marijuana in some form.
- The Texas Compassionate Use Program (TCUP), previously limited to ≤1% THC products and very restrictive in qualifying conditions, was broadened.
- Additional conditions like chronic pain were included.
- The number of licensed medical producers will expand from three to at least twelve starting September 2025.
This marks the most substantial medical cannabis reform in Texas to date, though access to high‑THC products remains limited.
Hemp‑Derived THC Ban — SB 3, SB 5 & HB 5
In June 2025, Texas lawmakers introduced Senate Bill 3, aiming to prohibit all intoxicating hemp-derived THC products (e.g. delta-8, delta-10, THCA), effectively criminalizing most hemp-derived consumables.
- Lt. Governor Dan Patrick and Sen. Charles Perry were principal proponents (§).
- The bill passed the legislature but was vetoed by Gov. Abbott, prompted by pressure from veterans, hemp businesses, and advocates—over 150,000 Texans signed petitions in opposition—leading to a special legislative session in July 2025.
During the special session, lawmakers tasked with hemp regulation advanced Senate Bill 5 (SB 5) and matching House Bill 5 (HB 5)—filed by Rep. Gary VanDeaver.
- These bills propose outright criminalization of all hemp-based THC products, except non‑intoxicating CBD and CBG.
- They carry penalties: personal possession becomes a Class C misdemeanor; distribution/manufacturing becomes a serious felony. Packaging marketing to minors is also prohibited.
- Gov. Abbott, who previously preferred regulation with a ≤3 mg THC cap, has now expressed support for SB 5.
Critics warn the ban will devastate the state’s ~$5 billion hemp economy, threaten up to 50,000 jobs, and over-criminalize everyday consumers and businesses.
Adult-Use Legalization Proposal — HB 195
Amid the special session debate, Rep. Jessica González (D‑San Antonio) introduced House Bill 195, a bill that would legalize recreational marijuana for adults 21+.
- HB 195 proposes allowing possession up to 2.5 ounces or 15 grams of concentrate and licensing regulated production and retail using the Texas Department of Licensing and Regulation.
- Enactment would position Texas among the roughly 25 states permitting adult-use cannabis. The licensing framework would be set by November 2026 ([turn0search7]).
This bill faces steep political headwinds and remains an uphill battle in the current legislature.
Other Reform Efforts
Earlier in 2025, a trio of bipartisan bills—HB 1208, HB 2975, and SB 335—were proposed to legalize and regulate cannabis for adult use, while HB 1763 aimed to decriminalize possession by removing jail time and allowing expungement ([turn0search11]).
Additionally, House Joint Resolution 70 (HJR 70) would place a constitutional amendment on the November 2025 ballot to direct the legislature to enact medical cannabis regulation—though it did not advance beyond committee ([turn0search5]).
Public & Political Landscape
- Governor Abbott has shifted from vetoing prohibition to endorsing SB 5 under pressure, though he continues to advocate for limited THC regulation rather than outright ban ([turn0news19][turn0search6]).
- Lt. Governor Dan Patrick remains firmly against intoxicating THC, framing it as a youth safety and business exploitation issue.
- Advocacy entities like the Texas Hemp Business Council, Texas Cannabis Policy Center, and public figures such as Ricky Williams have filed federal lawsuits arguing SB 5 conflicts with federal hemp law and threatens small businesses and consumer choice.
Public polling suggests a slim majority of Texans now oppose full THC prohibition (§) but feel state leadership is out of sync with public sentiment.
Summary Table
| Area | Status/Proposal | Notes |
|---|---|---|
| Recreational Cannabis | Illegal | HB 195 is proposed but unlikely to pass |
| Medical Cannabis | Expanded via HB 46 (2025) | Texas is now 40th medical cannabis state |
| Hemp-derived THC Products | Facing new ban via SB 5 / HB 5 | Criminalizes delta-8, delta-10 except CBD/CBG |
| Decriminalization Proposals | HB 1763, HB 218 etc. | Most stalled or dead |
| Constitutional Amendment | HJR 70 introduced | Would refer medical legalization to voters |
What’s Next & Outlook
- The special session wrapping up in late July will determine whether SB 5 becomes law. If signed, hemp-derived intoxicated THC products could become nearly impossible to legally obtain in Texas.
- Even if SB 5 fails or is softened, HB 195 could become a symbolic step toward adult-use legalization, even if defeated.
- The medical market (TCUP) will expand modestly in 2025, but remains restrictive compared to other states.
- Legal challenges (e.g., Ricky Williams lawsuit) may bring federal scrutiny and potential court rulings affecting state regulation.
Final Thoughts
While there is growing momentum around medical cannabis expansion in Texas, the broader trajectory for legalization remains uncertain:
- Medical legalization moved forward significantly with HB 46, though still limited in THC access.
- Hemp-derived THC products are under threat of criminalization under SB 5 / HB 5—putting small businesses and consumers at risk.
- Adult-use legalization proposals like HB 195 offer hope but face long odds in the legislature.
- The outcome of the Texas special session will shape access to hemp-derived cannabinoids and inform future cannabis policy debates.
Texas stands at a crossroads: tightening prohibition on hemp THC products while cautiously opening the medical door—and still resisting full adult-use legalization.