Weed in Texas has gone mainstream like everywhere else. There’s no if, and, or butts about it. In fact, a recent study by Marist College shows that there are almost as many marijuana smokers in the US as there are cigarette smokers now. And think about it, that’s without all of the advertisements that tobacco companies are allowed to showcase (except in some of the states where it has already become legalized).

But what about your weed in Texas? Is it legal, will Texas ever legalize marijuana, can we sell it? We hear lots of great questions like these every day. Here’s what you need to know about weed in Texas now.

Is recreational marijuana legal in Texas?

Sadly, just because weed in Texas has gone mainstream does not mean possessing marijuana is legal quite yet in the state of Texas. Current weed laws in Texas still confirm that it’s illegal to smoke or consume weed in any form.

That is, unless you suffer from epilepsy and are given a medical cannabis card that allows you to obtain approved cannabis oils. Though, it’s safe to say that 99% of cannabis users in Texas will be consuming the herb illegally. Fortunately, that’s not the end of the conversation. To your benefit, weed in Texas continues to be a hot topic among lawmakers, both state and local.

What should I do if I’m caught with weed in Texas?

Due to the fact that it’s still illegal for most of us to smoke weed and most of us haven’t had any trouble with the law before, it’s common to wonder what should you do if you are in fact getting caught with weed.

First and foremost, don’t panic! Remember what we talked about earlier—there are almost as many marijuana users as there are cigarette smokers today. So it’s not such a big deal as it used to be if you’re caught with a little bit of weed in Texas. Having said that, knowing your rights is important and can help you out tremendously if you were to ever find yourself in such a situation.

Why isn’t weed legal in Texas?

Even as conservative as Texas is considered, it’s still a bit surprising why weed isn’t legal yet in the Lone Star state—or at least more legal than it currently is. With the Texas Medical Center in our backyard—the world’s largest medical center—it would only make sense for the most progressive medical marijuana laws to coincide.

Alas, a news flash: weed in Texas is still illegal. However, you’ll see that our great state is slowly making small steps to keep up with the times.

Can I get a prescription for weed in Texas?

By and large, even medical marijuana is still illegal in Texas. If you were hoping for an easy “glaucoma” prescription, you’re out of luck. Any legal weed in Texas is closely regulated by strict marijuana laws at a state level. There is, however a new law that was passed that will allow those who suffer from epilepsy to consume low-THC cannabis.

The Texas Compassionate Use Act guarantees the establishment of medical cannabis in the state of Texas—starting with prescribing it to those with severe epilepsy—and the continued research into other potential medical uses. So, if I were you and suffered from epilepsy, I’d definitely check with a doctor to explore this option.

However, medical cannabis in our state is different than what you might think. You should know that medical weed in Texas won’t come in a fat joint. Rather, medical marijuana is prescribed as CBD oil, a THC derivative of cannabis.

What’s more, medical marijuana must be double-prescribed in Texas. Yes, this means two doctors must prescribe medical marijuana to you, after they’ve determined all other courses of treatment have been exhausted. There are currently only 15 doctors that can prescribe medical weed in Texas.

Can anyone sell weed in Texas?

I want to reinstate the fact that marijuana possession for most of us is still illegal in any regard. That means unless you are one of the three marijuana dispensaries that were granted permission to sell cannabis to epilepsy patients, it’s also illegal for you to sell weed in Texas—even if it is sold to someone with epilepsy.

I’m sure with time, the government will allow for more dispensaries to open up and that will become a niche business as it has in states like Colorado and California. For now, there are very few people in the state of Texas that can sell marijuana legally.

In the meantime, be aware that penalties for selling weed in Texas range from steep misdemeanors to serious felonies. Drug penalties in Texas are still no joke.

Marijuana laws in Houston

Fortunately, marijuana laws in some parts of Texas have become much more lenient. Take Houston’s new weed law, for example, which decriminalized marijuana last year. Any misdemeanor offenders caught with less than 4 ounces of weed on them (and 4 ounces is a decent amount) will not be arrested, ticketed or asked to appear in court, so long as that agree to take a four-hour drug education class.

A hope for more reasonable weed laws in Texas stems from greater problems in other drugs. Many lawmakers and law enforcement officials are beginning to recognize weed in Texas isn’t panning out to be an endemic. Rather, the dangers of synthetic weed such as K2 space cadet or the burgeoning opioid crisis in Texas are proving to be more serious issues.

Will Texas legalize weed in 2019?

We’re pleased that Texas has made more progress with weed laws in the past few years than the preceding decade. New, progressive Houston marijuana laws like the mentioned diversion program have many people wondering if Texas is on the road to legalization in 2019. Although my best bet is no, this is not to say we won’t continue to see more progressive legislation being passed and more investment in the medical cannabis industry.

For now, the biggest takeaway is that weed is still illegal for people like you and me… unless you suffer from epilepsy and have received a medical marijuana card. Here, you can read more about our answer to the question, “Why should marijuana be legalized in Texas?

Facing Legal Problems from Weed?

If you are like the rest of us, an occasional marijuana smoker, but have yourself in legal problems, please let our team know. We’ve been there before, and we’ve provided the legal advice it takes to combat some of the silly marijuana laws that we have here in Texas.

Related Resources

Thiessen Law Firm

Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.