Texas does not have statewide cannabis decriminalization yet. It is one of the changes we are working toward.
What the law says now
Possessing any usable amount of marijuana is a crime in Texas. These are the penalties for the amounts most people are charged with, under Section 481.121 of the Texas Health and Safety Code:
| Amount | Offense | Maximum penalty |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | 180 days in jail and a $2,000 fine |
| More than 2 ounces, up to 4 ounces | Class A misdemeanor | 1 year in jail and a $4,000 fine |
| More than 4 ounces, up to 5 pounds | State jail felony | 180 days to 2 years in state jail and a $10,000 fine |
THC concentrates are punished more severely. State law places tetrahydrocannabinols “other than marihuana” in a separate category, Penalty Group 2. That covers THC extracted from the plant, such as the oil in vape cartridges, wax and the edibles made with it. Under Section 481.116, possessing less than 1 gram is a state jail felony, and 1 gram or more but less than 4 grams is a third-degree felony, punishable by 2 to 10 years in prison. The weight counts everything the THC is mixed into, not only the THC.
This is general information, not legal advice. Enforcement varies from one city and county to the next.
What we’d like to see
No Texan should face arrest, jail time, or a criminal record for possessing a small amount of cannabis. We want a common sense decriminalization framework that includes:
- No arrest and no jail time for possession of small personal use amounts
- Low civil fines, not to exceed $100, in place of criminal penalties
- No criminal record and no collateral consequences for low level possession
- Expungement
- No felonies for low level possession of any cannabis product, including concentrates
Read the full list in our Legislative Agenda.
Why Texas needs a statewide policy
Replace Patchwork Policy with Statewide Decriminalization
Our state’s current cannabis laws are unnecessarily complicated, inconsistent, and ineffective. It’s time for Texas to adopt a straightforward statewide cannabis decriminalization policy.
Some local governments have responded to voters’ demands for decriminalization, but the resulting patchwork of local policies creates confusion, and tens of thousands of Texans are still being arrested annually. Texas police made more than 29,000 marijuana-related arrests in 2025, more than any other state, and 98% of those arrested were charged with simple possession, according to FBI data reported by NORML.
This inconsistency undermines public trust and makes enforcement challenging. A statewide decriminalization policy would provide clarity and fairness for all Texans.
Criminal Records Last a Lifetime
Decriminalizing cannabis frees up valuable criminal justice resources, allowing law enforcement to focus on serious crimes. It also ensures that Texans are no longer burdened with criminal records for low-level offenses.
Cannabis is objectively safer than alcohol, tobacco, and many commonly prescribed pharmaceutical drugs—making the case for decriminalization even stronger.
Prohibition is Costly for Taxpayers
Cannabis prohibition costs taxpayers hundreds of millions of dollars annually. Meanwhile, victims of real crime are not getting the attention they deserve from local law enforcement.
A statewide policy of decriminalization will preserve valuable public safety resources, especially for our crime labs that have to split resources between testing cannabis and sexual assault evidence, for example.
Legislator Voting Record on Decriminalization (2023)
Cannabis Decriminalization
HB 218 - A bill relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.
Summary: This bill aims to reduce penalties for low-level possession of cannabis to a Class C Misdemeanor ($500 fine), eliminating the threat of arrest and jail time. The legislation would also set up an expungement process, which allows a person to avoid a criminal record.
HB 218 was passed in the House on April 27, 2023, with a vote of 87 Yeas, 59 Nays.
(This bill did not receive a vote in the Senate.)
Yeas — Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Buckley; Bucy; Button; Cain; Campos; Canales; Clardy; Cole; Collier; Cortez; Cunningham; Darby; Davis; Dutton; Flores; Frank; Frazier; Gámez; Garcia; Gates; Geren; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Harrison; Hernandez; Herrero; Hinojosa; Howard; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Jones, J.; Jones, V.; Kacal; King, T.; Kuempel; Lalani; Longoria; Lopez, J.; Lopez, R.; Lozano; Lujan; Manuel; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave Criado; Oliverson; Ordaz; Ortega; Perez; Plesa; Ramos; Raney; Raymond; Reynolds; Romero; Rose; Rosenthal; Schatzline; Sherman; Talarico; Thierry; Thompson, S.; Toth; Turner; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bonnen; Bumgarner; Burns; Burrows; Capriglione; Cook; Dean; DeAyala; Dorazio; Gerdes; Goldman; Guillen; Harless; Harris, C.E.; Harris, C.J.; Hayes; Hefner; Holland; Isaac; King, K.; Kitzman; Klick; Lambert; Landgraf; Leach; Leo-Wilson; Metcalf; Meyer; Morrison; Murr; Noble; Orr; Patterson; Paul; Price; Rogers; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Tepper; Thimesch; Tinderholt; Troxclair; VanDeaver; Vasut; Wilson.
The following Representatives were not present for the vote, but added the following notes to the record:
When [the vote] was taken, I was in the house but away from my desk. I would have voted no. (Craddick)
When [the vote] was taken, I was shown voting yes. I intended to vote no. (Kuempel)
When [the vote] was taken, I was shown voting no. I intended to vote yes. (Meyer )
When [the vote] was taken, I was shown voting yes. I intended to vote no. (Schatzline)
When [the vote] was taken, my vote failed to register. I would have voted no. (E. Thompson)
Identify Your Legislators
Use this link to identify your Texas House District Representative and Texas Senator. It’s these state lawmakers we want to focus on when advocating for Texas Cannabis Policy.
Use your home address (where you’re registered to vote) to identify who represents you in the Texas Legislature.
When contacting lawmakers, remember to be engage professionally and always be respectful.