Texas Cannabis Laws 2026: The Modern Era
2026 (March)
2026 (March): A massive enforcement deadline takes effect, officially banning the sale of all smokable hemp flower and hemp-derived vapes in retail stores. Texas now calculates Total THC (THC + THCA) to prevent the sale of psychoactive hemp products.
2026 (April)
2026 (April): The Department of Public Safety (DPS) begins Phase II of the TCUP expansion, awarding 12 new medical licenses to help meet the demand from the thousands of new patients added under HB 46.
2026 (Current Status)
2026 (Current Status): Medical cannabis (low-THC) is legal for patients with qualifying conditions. Recreational marijuana remains illegal, though many large cities (like Austin and Houston) have cite-and-release policies.
The Expansion of TCUP (2015–2025)
2015
2015: Governor Greg Abbott signs the Compassionate Use Act, allowing only patients with intractable epilepsy to use oil with 0.5% THC.
2019/2021
2019/2021: The program is expanded to include all forms of cancer, PTSD, and a variety of neurodegenerative diseases, while the THC limit is raised to 1.0% by weight.
2025
2025: House Bill 46 passes, adding Chronic Pain and IBD to the qualifying conditions and authorizing the first-ever inhalation delivery methods for medical patients.