Texas’ THC Laws At-a-Glance

Texas has specific laws regulating the possession and use of THC (delta-9-tetrahydrocannabinol) and THC-containing products. Texas law distinguishes between low-THC cannabis products, such as medical CBD, and THC-containing products that are not derived from low-THC cannabis.

What is THC, and how does it relate to cannabis?

Delta-9-tetrahydrocannabinol, commonly known as THC, is the psychoactive compound found in cannabis that produces the “high” associated with the plant. It is one of more than 100 cannabinoids found in cannabis. Any amount of THC for recreational use is illegal in Texas and could result in felony charges.

Does Texas allow medical marijuana that contains THC?

Texas has a limited medical marijuana program that allows the use of low-THC cannabis products for specific medical conditions. These products contain very low levels of THC and are primarily high in CBD (cannabidiol). Patients with qualifying medical conditions can participate in the Compassionate Use Program. The program is open to patients with specific qualifying medical conditions like intractable epilepsy, multiple sclerosis, and spasticity.

Can I grow my own hemp plants in Killeen, Texas?

It is legal to cultivate hemp plants in Texas, and the state has its own hemp program overseen by the Texas Department of Agriculture (TDA). However, to legally grow your own hemp you must follow specific regulations and requirements. For example, you must obtain a license from the TDA, ensure that your plants contain no more than 0.3% THC on a dry weight basis, and may be required to have your plants tested to ensure they meet THC content requirements. In addition, you must time your harvest to ensure compliance with THC limits, as hemp harvested too late may have excessive THC levels.

Can I purchase products with more than .3% THC outside of Texas and use them here?

Any cannabis or THC products that exceed the 0.3% limit are illegal in Texas. Therefore, If you are in Texas and possess or use products with THC levels exceeding 0.3%, you may be subject to legal consequences, including criminal charges. It’s important to be aware of the specific THC content in any product you are considering using or possessing, especially if it was obtained outside of Texas.

Can you legally possess hemp-derived CBD products in Copperas Cove, Texas?

Texas law allows for the possession and sale of hemp-derived CBD products that contain less than 0.3% THC. However, to stay compliant, you should ensure that you’re purchasing from reputable sources and that the product meets the legal THC limits.

Can I get arrested for having a gummy that someone gave me?

You cannot possess or consume edibles in Texas, no matter how you obtain them. Although many of our border states allow edible use, bringing any of those products back to Texas is strictly prohibited. In fact, an edible could even get you higher criminal charges than being caught with traditional pot—according to the Texas Health and Safety Code, possession of even less than a gram of an edible is a state jail felony.

How much THC can you possess in Texas without facing criminal charges?

Texas law does not have a specific threshold for personal possession of THC. The state treats possession of any amount of THC concentrates or edibles containing THC the same as possession of an equivalent amount of marijuana flower. Therefore, any amount of THC possession for recreational use is considered illegal and can lead to felony charges. The state also hands down enhanced penalties for drug offenses committed in designated drug-free zones, such as schools, playgrounds, or public parks.

Can you legally use delta-8 THC products in Texas?

With the strict laws prohibiting the usage of cannabis in states like Texas, delta-8 is seen by many as a legal substitute for marijuana. Delta-8 THC is acquired from hemp rather than marijuana and is considered legal under the 2018 Farm Bill. However, Texas law does not specifically address delta-8 THC, which creates a legal gray area. Some argue that delta-8 THC is legal in Texas because it is derived from hemp, while others say because delta-8 THC is psychoactive with similar effects to delta-9 THC, it is illegal under Texas law.

Does Texas have laws regarding synthetic versions of THC drugs?

Texas has laws regulating the possession, sale, and use of synthetic designer drugs that have been associated with dangerous health effects. The Texas Controlled Substances Act classifies controlled substances into penalty groups and includes provisions to regulate synthetic designer drugs. Under this act, substances that mimic the effects of controlled substances and are not approved for medical use are often designated as illegal. Texas law specifically identifies synthetic cannabinoids, synthetic cathinones (bath salts), and other designer drugs as illegal substances.

Is CBD legal in Texas?

It depends. In 2019, Texas legalized the sale and use of hemp-based products, and cannabidiol, or CBD, is derived from hemp plants. Hemp doesn’t contain any THC; however, not all CBD or hemp products are THC-free. If your CBD oil tests positive for THC, Texas forensic labs won’t be able to tell whether the THC is below the legal limit of 0.03%, meaning that CBD users could face felony charges for using a legal product.

What should someone do if they are facing THC possession charges in Copperas Cove?

If someone is facing THC possession charges in Texas, they should consult with an experienced Copperas Cove criminal defense attorney to understand the legal implications of their specific charge and explore their legal options.

Were you caught with THC in Texas? Mary Beth Harrell Criminal Defense and DWI Lawyers provides experienced criminal defense to clients throughout Central Texas and would like to help you too. Call us or fill out our contact form  to schedule a free case evaluation today. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.