Marijuana remains illegal in Texas, but hemp is legal. This can create confusion with Texans about which products are legal and which are not, especially with the emergence of hemp-derived products like Delta 8.

To avoid inadvertently breaking the law and ending up facing drug charges on either the state or the federal level, it’s vital for every Texan to understand what the law says about marijuana and hemp.


Read on to find out what you need to know about the state of marijuana in Texas.


Marijuana Laws in Texas


It is illegal to use, possess, sell, distribute, produce, grow, or cultivate marijuana in the state of Texas. What many do not know is that medical marijuana is legal – but not to the point it is in many other states. As a result, it remains heavily regulated.


In fact, only patients with a few qualifying conditions are eligible for medical marijuana in the state, and even then, they may only have oil derived from marijuana that contains 1 percent or less of THC, the active component in marijuana.


If you are caught possessing marijuana in Texas, then you can face charges ranging from a Class C misdemeanor to a Class A felony, depending on the circumstances of the case against you.


The reason there are such harsh penalties associated with the substance is that it is considered a Schedule I substance under the Texas Controlled Substances Act. Schedule I substances are those with a high potential for abuse with no accepted use in the medical community. Marijuana, along with LSD, heroin, and some other substances, are considered Schedule I.


What Does Texas Say About CBD?


CBD is a popular substance made from hemp and it is legal in Texas as long as it has less than 0.03 percent of THC in it. In fact, all hemp plant parts are legal under Texas state law, so you can freely use, possess, sell, distribute, and produce hemp-derived CBD and not face any criminal penalties.


Is Delta-8 Legal in Texas?


Delta-8 is another substance derived from hemp that is legal in the state. As long as the source of the Delta-8 is hemp and it doesn’t contain more than 0.03 percent of THC, it’s legal to have, use, sell, distribute, and produce these products.


The Takeaway on Hemp and Marijuana in Texas


What should be your takeaway from this? Hemp and any products like CBD and Delta-8 are legal to have and use in the state, but you should stay away from marijuana and products containing marijuana or you could face harsh penalties under the law.


Even in areas where marijuana has been decriminalized, penalties can still be handed down to you that change the course of your life forever.


Those who suffer from certain conditions such as epilepsy and terminal cancer can get medical marijuana in limited quantities of a certain strength. However, you must go through the proper channels in our state to keep your possession of these medical marijuana products legal – and to keep you out of trouble with the law.

Bottom line?


Texas is not a progressive state when it comes to marijuana laws and it’s important to understand if you are caught with it, it’s no different than having drugs like heroin in your possession.