Marijuana in Texas: What’s Actually Legal Now?

As marijuana laws continue to shift across the country, many Texans are left scratching their heads. What’s legal? What will get you arrested? And what should you do if you’re caught with a vape pen, gummies, or even CBD?

At Low Law Firm, Attorney Tara Gilmore-Low understands just how confusing the marijuana landscape in Texas can be. While some states have legalized recreational use, Texas maintains strict criminal penalties for many cannabis-related offenses—and the gray areas are where people get into real trouble.

The THC Confusion: Hemp vs. Marijuana

In 2019, Texas legalized hemp products containing less than 0.3% delta-9 tetrahydrocannabinol (THC), the psychoactive compound in cannabis. That’s why you can now find CBD oils, gummies, and vapes for sale at gas stations and smoke shops across the state. (https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB1325)

But here’s the catch: Not all THC is created equal.

Texas law specifically targets delta-9 THC, but other types—like delta-8 and delta-10—are still being debated in courtrooms and state agencies. These compounds may still produce a “high,” but their legality remains in flux. In some cities, law enforcement treats them like marijuana. In others, they’re ignored entirely.

If you’re caught with a substance that tests positive for THC and exceeds the legal limit, you could still face charges—even if you bought it at a store thinking it was legal.

What Happens If You’re Caught with Marijuana?

Penalties in Texas for marijuana possession vary based on the amount:

• Less than 2 ounces is a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine.
• 2 to 4 ounces is a Class A misdemeanor, with up to a year in jail.
• More than 4 ounces becomes a felony offense.

Even possession of paraphernalia—such as pipes or grinders—can result in fines and leave a mark on your criminal record. That includes packaging materials or containers that test positive for residue.
(https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm#481.121)

What If It’s Medical Marijuana?

Texas does have a limited medical marijuana program, but access is tightly controlled. Only patients with qualifying conditions—like epilepsy or terminal cancer—can get low-THC cannabis from licensed dispensaries. Recreational use is still illegal, no matter how it’s labeled.

Buying CBD or THC products from out of state and bringing them into Texas is also risky. Border checks and routine traffic stops have led to arrests for what might be perfectly legal products elsewhere.

How These Cases Are Prosecuted

In recent years, many counties in Texas have adopted cite-and-release programs for small amounts of marijuana, meaning you might not be arrested on the spot. But a citation is still a criminal charge—and without proper legal representation, it can lead to fines, community service, and even a criminal record that follows you for life.

At Low Law Firm, we’ve represented numerous clients who were confused by what they were legally allowed to carry. Tara Gilmore-Low carefully examines:

• The legality of the stop or search
• Lab testing procedures and THC content
• Chain of custody for seized products
• Your knowledge or intent

Even if you were unaware that what you had was illegal, the state must still prove certain elements beyond a reasonable doubt.

How to Protect Yourself

Until Texas law becomes clearer, the best way to protect yourself is to:

• Avoid carrying any THC products unless you’re absolutely certain they’re legal.
• Keep documentation if you’re using a state-approved medical product.
• Do not consent to searches of your vehicle or belongings.
• Speak to a lawyer immediately if you’re cited or arrested.

The laws may change, but your rights remain the same.

Final Thoughts: Legal or Not, You Need to Be Prepared

Texas hasn’t gone green just yet—and misunderstandings about marijuana law are landing well-meaning people in courtrooms every day. If you’ve been charged with marijuana possession or paraphernalia in West Texas, you deserve a defense that understands both the law and its loopholes.

Let Attorney Tara Gilmore-Low help you fight back with experience, clarity, and dedication.

Up Next in Our April Series…

For the final installment in our April criminal defense series, we’ll look at how felony charges work in Texas—what makes a charge a felony, how they’re prosecuted, and why your future depends on how you respond.

Week 4: “Felony Charges in Texas: What You’re Really Up Against”

Need Help Today?

If you’ve been charged with marijuana possession, paraphernalia, or any THC-related offense, don’t wait. Call Low Law Firm now at 325-455-1889 or visit https://lowlawfirm.com/contact.