Texas Marijuana Laws: Possession, THC Products & Penalties (2026)

• Marijuana (plant) ≤ 2 oz: Class B misdemeanor — up to 180 days, $2,000
• 2–4 oz: Class A misdemeanor — up to 1 year, $4,000
• 4 oz–5 lbs: state jail felony — 180 days–2 years state jail
• 5–50 lbs: 3rd-degree felony — 2–10 years
• THC concentrate/edibles (Penalty Group 2), ANY amount under 1 gram: state jail felony; 1–4 g: 3rd degree; 4–400 g: 2nd degree — and the gummy/brownie's full weight counts, not just the THC
• Paraphernalia: Class C fine-only — but often stacked onto possession charges
• Driver's license: any drug conviction triggers a 6-month suspension

Hemp vs. marijuana: since 2019, cannabis under 0.3% delta-9 THC is legal hemp — which forces the State to lab-prove THC concentration and created the Delta-8 retail market that courts have so far kept open. Products bought at a smoke shop can still get you arrested if officers believe it's marijuana; the lab report becomes the battlefield. Medical: the Compassionate Use Program allows low-THC cannabis by prescription for approved conditions only — there is no general medical marijuana card in Texas.

Defenses: illegal stop or search (the smell-of-marijuana rationale is increasingly attackable post-hemp), lack of possession (proximity isn't possession — the State must link you affirmatively), hemp-concentration failures, and lab chain-of-custody problems. First offenders can often reach pretrial diversion or deferred adjudication, keeping the record cleanable. If you're facing a concentrate felony, read felony marijuana possession in Texas, and call (432) 366-6000.