Explaining the Legal Status of THC in Texas


Welcome to our blog on educational information and updates on THC in Texas. In this article, we will be exploring and explaining the legal status of THC (Tetrahydrocannabinol) in the state of Texas. THC, the primary psychoactive compound found in cannabis, has become a topic of great interest and controversy in recent years. The laws surrounding THC can be complex and confusing, so it's important to have a clear understanding of its legal status.

What is THC?

To start off, let's briefly discuss what THC is. THC is one of the major cannabinoids found in cannabis. It is the compound responsible for the plant's psychoactive effects, often referred to as the "high" associated with marijuana use. THC interacts with the receptors in our brain, producing various effects on mood, perception, and cognition.

The Federal Legal Status of THC

At the federal level in the United States, THC and cannabis are classified as Schedule I substances under the Controlled Substances Act. This means that they are considered illegal and have a high potential for abuse. Schedule I substances are also deemed to have no accepted medical value.

The Legalization of Medical Marijuana in Texas

While THC remains illegal at the federal level, states have the ability to enact their own laws regarding its use. In 2015, Texas took a step forward in regards to medical marijuana. The state passed the Texas Compassionate Use Act, allowing for the use of low-THC cannabis oil by patients with intractable epilepsy. This cannabis oil contains a low concentration of THC (no more than 0.5%) and a high concentration of cannabidiol (CBD), another cannabinoid known for its potential therapeutic effects.

Under the Texas Compassionate Use Act, only licensed dispensaries can provide low-THC cannabis oil to registered patients. The law has strict eligibility criteria, and patients must receive a recommendation from a qualified physician to qualify for the program. It's important to note that the law only applies to patients with intractable epilepsy and does not cover other medical conditions that may benefit from THC or CBD.

Recreational Use of THC in Texas

Despite the legalization of medical marijuana oil, Texas has maintained a strict stance on the recreational use of THC. Possession of any amount of THC in Texas remains illegal, punishable by criminal charges. The penalties vary depending on the amount, with higher amounts carrying more severe consequences.

In Texas, possession of less than two ounces of THC is considered a misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Possession of two to four ounces is also a misdemeanor but can result in up to one year in jail and a fine of up to $4,000. Larger amounts can lead to felony charges, with penalties including significant prison sentences and substantial fines.

THC Concentrates and Penalties

THC concentrates, such as hash oil or dabs, contain a higher concentration of THC than cannabis flower. In Texas, the penalties for possession of THC concentrates are even more severe. Possession of less than one gram is considered a state jail felony, punishable by 180 days to two years in jail and a fine of up to $10,000. Larger amounts can result in more serious charges and increased penalties.

THC and Driving Under the Influence

Driving under the influence of THC is also strictly prohibited in Texas. The state has a zero-tolerance policy for THC-impaired driving. If a driver is found to have any detectable amount of THC in their system, they can be charged with a DUI (Driving Under the Influence).

The penalties for a THC-related DUI in Texas are similar to those for alcohol-related DUIs. They can include fines, license suspension, mandatory drug education programs, and even imprisonment, depending on the circumstances and any previous offenses.

The Future of THC in Texas

It's worth noting that the legal status of THC in Texas could change in the future. As attitudes towards marijuana evolve and more states legalize both medical and recreational use, there may be increased pressure to revisit the laws surrounding THC in Texas.

Several bills have been introduced in recent years that seek to expand the use of medical marijuana and decriminalize small amounts of THC. However, these bills have not yet been successful in passing into law. It remains to be seen how the legal landscape surrounding THC will evolve in Texas in the coming years.


In conclusion, THC remains illegal at the federal level and for recreational use in the state of Texas. However, the use of low-THC cannabis oil is permitted for patients with intractable epilepsy under the Texas Compassionate Use Act. Possession of any amount of THC for recreational use can lead to criminal charges and significant penalties.

It's crucial to stay informed about the legal status of THC and to comply with local laws to avoid any legal issues. As attitudes and laws change, it's possible that the legal landscape surrounding THC in Texas may evolve in the future. We will continue to provide updates and educational information on THC to keep you informed.