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What Forms of Marijuana are Legal in Texas?

March 1, 2023

Medical marijuana, hemp, cannabidiol (CBD), Delta-8, and more? What’s legal and what isn’t in Texas? It’s understandable if you’re confused; unfortunately, prosecutors aren’t always sympathetic and understanding. That’s why you need experienced defense attorneys like the Law Office of Kenneth W Mullen PC.

But let’s try to clear the air regarding what is, and isn’t, okay in Texas.

Federal Law Still Prohibits Marijuana Use

As a reminder, no matter what Texas or other states are doing to legalize use under state law, don’t forget that, under federal law, marijuana is still illegal.


Broadly speaking, marijuana, whether it is a cannabis plant or any derivative made from it, is illegal in Texas if it has a tetrahydrocannabinol (THC) concentration of more than 0.3%.

Low-THC/Medical Marijuana

Texas passed a state law that allows limited use of medical marijuana.

The law only allows eligible patients—who suffer from a list of specific diseases or conditions—to receive a prescription for “Low-THC Cannabis,” meaning the THC in the plant or any derivative product must not be more than 1.0 percent by weight.

Furthermore, the law does not allow eligible patients to grow or smoke cannabis. They may only use approved products purchased from a registered dispensing organization.

Hemp and CBD

As explained by Texas Tribune, hemp, with a THC concentration of less than 0.3 percent, is now legal in Texas.

Similarly, CBD is the nonpsychoactive compound of cannabis. CBD sale is legal throughout Texas, as long as it, too, has a THC concentration of less than 0.3 percent.

However, law enforcement is struggling with this distinction—arresting those in possession of hemp or CBD—so it’s important to have an experienced defense attorney at the Law Office of Kenneth W Mullen PC ready to defend you in such cases.


Delta-8 is another substance from cannabis, typically made from CBD, that is illegal under state law. There is a pending case in state court challenging Delta-8’s illegality. 

If you’ve been arrested for marijuana possession or distribution, the quickly changing laws aren’t going to help you. What will make a difference in your case is having an experienced lawyer at your side—one who knows how to provide you with the best defense possible. Contact the Law Office of Kenneth W Mullen PC for a free consultation.