Texas hates marijuana.
Moreover, there are new laws in Texas regarding medical marijuana.
Furthermore, in May 2026, Texas courts decided that THC would remain a Schedule I drug.
Additionally, this would take effect July 2026.
Additionally, the Texas Department of State Health Services stated that manufactured delta-8 THC is a controlled substance.
Similarly, only naturally occurring trace quantities of delta-8 hemp are exempt.
For more, go to sunnycultivation.com to learn about cannabis chemistry.
The Changed Law
This does not mean hemp-derived THC is illegal in Texas.
Moreover, DSHS recognizes consumable hemp products with no more than 0.3% delta-9 THC on a dry weight basis.
Texas’s March 31, 2026 regulations also require THCA to be included when calculating total delta-9 THC.
Additionally, this creates compliance issues for THCA products.
So if your marijuana flower is 20% delta-9 THC and 20% THCA, total is about 17.74%.
Thus, 0.20 plus (20 × .877) equals 17.74% total delta-9 THC.
Consequently, someone caught with this could take a big hit.
No pun intended.
Penalties
A person caught with marijuana that is not part of their medical program, can be charged with a felony. Possessing your own marijuana should never be grouped in with any of those harsh crimes, Texas hates marijuana. Different amounts of marijuana in a person’s possession would define what their potential punishment would be.
LESS THAN one gram, is a state felony in Texas. This person could spend anywhere from 180 days to 2 years in prison with a fine up to $10,000. To move up the ladder, they have the third degree felony. This means that if a person caught in possession with 1 gram to less than 4 grams of marijuana could spend from 2 years to 10 years in prison with fines from $0 to $10,000. There are two more groups, which consist of second degree and first degree felony.
More Penalties
The second degree felons would have to possess 4 grams to less than 400 grams.
Additionally, their prison stay ranges from 2 to 20 years, with fines up to $10,000.
Similarly, the first degree felony charge is different.
As the ladder rises, they need more marijuana, and the grams rise.
Thus, these individuals would need 400 grams or more.
Then, their stay doubles from 2 years to 5 years minimum.
Finally, their maximum is life in prison and $50,000 in fines.
The list described above was only about individuals possessing marijuana.
If a person were to be caught selling it, their penalties are harsher.
Additionally, they start the same, with selling less than 1 gram a state jail felony.
However, once you reach 1 to 4 grams, it becomes a second-degree felony.
Then, 4 to 400 grams would be a first-degree felony.
Lastly, 400 grams or more would be considered an ENHANCED first-degree felony.
Enforcement of These New Laws
Enforcement of these laws is already in place.
Mid August, there was a search warrant issued in San Antonio.
Additionally, this followed undercover purchases of alleged THC wax.
The two defendants who were accused were charged with selling approximately 2 grams.
This fell into a second degree felony that carried up to 20 years.
As of today, the practical rule is that a consumer possessing a delta-8/delta-10-type THC product is subject to arrest. Moreover, even for a weight the size of a grain of rice, it can be a felony. You should check out this article to see what Texas should be doing.