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Hemp Yourself > Blog > Resources > Is marijuana legal in Texas? Lawmakers file bills to legalize weed
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Is marijuana legal in Texas? Lawmakers file bills to legalize weed

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Last updated: November 11, 2026 12:02 am
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Is marijuana legal in Texas? Lawmakers file bills to legalize weed
Ariya Lopez carries a Texas flag with a marijuana leaf as the star while members of the Freedom Act Lubbock movement deliver petition signatures to the Lubbock city secretary, Tuesday, Oct. 17, 2023, at Citizens Tower.
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Two Texas lawmakers have filed bills to legalize recreational marijuana.

Contents
What the bills proposeRegulation and licensingWhat remains illegalLocal controlPolitical outlook

What the bills propose

House Bill 362 and House Bill 369, filed on the first day of the 90th session, would let adults 21 and older possess up to 2 ounces of cannabis, including a maximum of 15 grams of concentrate.

Texans could give the same amount to another adult without payment, provided the exchange isn’t advertised, and could legally own cannabis paraphernalia.

The legislation would allow cultivation of up to 12 plants on private, secured property.

Regulation and licensing

If enacted, the Texas Department of Licensing and Regulation would create four new licenses, including a cannabis transporter and a testing facility.

What remains illegal

Persons under 21 cannot possess or use marijuana.

Providing cannabis to someone aged 18‑20 is a Class B misdemeanor; giving it to anyone under 18 is a Class A misdemeanor.

Driving while impaired by marijuana, and consumption on school, daycare or jail premises, remain prohibited.

Local control

Cities and counties may limit the number and location of dispensaries but cannot ban the industry.

Federal law still classifies marijuana as illegal, creating a state‑federal conflict.

Political outlook

Democrats control the House while Republicans hold the Senate, making the bills’ path uncertain.

Governor approval is required, and the legislative schedule could stall or advance the proposals.

Senate Bill 237, introduced by Sen. Carol Alvarado (D‑Houston), mirrors the House measures but contains notable differences.

Reporter Mateo Rosiles can be reached at mrosiles@usatodayco.com for news tips.

This article originally appeared on USA TODAY: Is marijuana legal in Texas? Lawmakers file bills to legalize weed

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