Sean O' Rourke | October 14, 2025 | Texas Law
Marijuana laws vary from one state to the next, and these laws are changing quickly. Some states allow marijuana for recreational use, while others allow it for medical use only. A few states still outlaw marijuana altogether.
Keep reading below to learn everything you need to know about the marijuana laws in Texas.
What Are Texas’s Marijuana Laws?
Texas law now allows marijuana for medical use but not for recreational use. All recreational use of marijuana in Texas is illegal. Under the Texas Compassionate Use Program, eligible Texas residents with a qualifying medical condition may use low-THC marijuana. However, medical marijuana users are limited to swallowing the prescribed dose, as smoking medical marijuana is not allowed in Texas.
What Medical Conditions Qualify Under the Texas Compassionate Use Program?
Only a handful of conditions qualify for medical marijuana use under Texas law. Those conditions are:
- Epilepsy
- Seizure disorders
- Multiple sclerosis
- Spasticity
- Amyotrophic lateral sclerosis
- Autism
- Terminal cancer
- An incurable neurodegenerative disease
A person must be a legal Texas resident and diagnosed with a qualifying condition. A physician registered with the Compassionate Use Program may enter the patient into the Compassionate Use Registry of Texas (CURT) and recommend low-THC cannabis if they determine the potential benefits outweigh the risks.
What Are the Penalties for Recreational Use of Marijuana in Texas?
Possession of marijuana without a valid prescription can lead to some serious penalties. Unlike some states that have made marijuana possession a civil infraction, marijuana possession in Texas is still considered a criminal charge.
In fact, possession of less than two ounces of marijuana is considered a Class B misdemeanor. A violation of this law can result in up to 180 days in jail. Charges and penalties for possession of higher amounts of marijuana only increase. Possession of gummies, edibles, oils, and other THC-infused products is generally an automatic felony charge.
Driving Under the Influence of Marijuana
Driving under the influence of marijuana in Texas is illegal. Even if you are a legal medical user, it is still illegal to operate a vehicle while under the influence. This can lead to DWI charges, and the penalties are similar to those for driving under the influence of alcohol. This includes potential jail time, fines, license suspension, and DWI education classes.
Those who are convicted of marijuana DWI charges might also see much higher auto insurance premiums. Criminal convictions can also make it more difficult to obtain employment or housing in some cases.
What Damages Can I Recover After a Marijuana DWI?
Additionally, let’s say you were injured in a car accident or boating accident caused by someone who was under the influence of marijuana; they could be held financially responsible in civil court.
You may be able to recover both economic damages and non-economic damages from them, including:
- Medical bills
- Lost wages and benefits
- Property damage
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Diminished quality of life
An attorney can help gather evidence, negotiate with insurance companies, and represent your interests in court to ensure you receive the compensation you deserve.
Contact Simon & O’Rourke Car Accident & Personal Injury Lawyers for a Free Consultation With a Houston Personal Injury Lawyer
If you have been hurt in an accident by someone under the influence of marijuana, get help from an experienced Houston personal injury lawyer right away. An experienced lawyer can help you navigate the legal complexities of pursuing a personal injury claim while the defendant is also facing criminal charges.
For more information, please get in touch with the Houston personal injury attorneys at Simon & O’Rourke Car Accident & Personal Injury Lawyers at our nearest location to schedule a free consultation today.
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 1115, Houston, TX 77002
(281) 667-4081
About The Author
Sean O’Rourke earned his law degree from Southern Methodist University School of Law and is licensed to practice in Texas. He frequently assists clients with their legal needs in Houston, with a focus on personal injury cases, especially those involving motor vehicle accidents (such as cars, commercial trucks, 18-wheelers, & motorcycles). Click here to view some of the amazing case results that Sean has successfully handled.
Location: Houston, TX