Texas still ranks as one of the nation’s toughest states when it comes to cannabis law, yet legislators keep nudging the line. The 2025 session brought a fresh batch of bills that, if enacted, would noticeably reshape the state’s medical program and rein in hemp-derived THC sales.
From epilepsy only to broader relief
In 2015, Texas introduced a highly limited medical cannabis law that allowed patients with severe, treatment-resistant epilepsy to access low-THC marijuana under strict regulation. Lawmakers have since expanded it to cover PTSD, cancer and more, raising the THC cap along the way. This year’s House Bill 46 would add chronic pain, Crohn’s disease and traumatic brain injuries to the list, while allowing smokeable or inhaled products for the first time. After passing through the Texas House, the proposal awaits review and scheduling in the state Senate.
Hemp, Delta-8 and the THC tightrope
In 2019, Texas unintentionally opened the door to a rapidly expanding hemp industry through its legislative changes. Alarmed by unregulated Delta-8 and Delta-10 gummies, the Senate passed Senate Bill 3 to impose age limits, child-proof packaging and county-level “dry” votes for consumable hemp products. A stricter Senate version even aimed to ban most hemp THC outright. Industry groups warn that the proposal could gut a sector now worth hundreds of millions.
Decriminalization?
State law still treats possession of two ounces or less as a Class B misdemeanor, but city councils have experimented with “cite-and-release” or no-enforcement policies. In April, a Texas appellate court overturned the marijuana decriminalization measure that Austin voters had previously approved. Even so, Austin police say they will keep ignoring low-level possession, for now. Elsewhere in Texas, including Rockwall County, officers continue to arrest under existing state statutes.
Medical patients may soon have more conditions covered and more ways to consume legal low-THC cannabis. Retailers selling Delta-8 or similar products should brace for licensing fees, potency caps and possible local bans if SB 3 becomes law. Outside of a few local exceptions, most Texans still face potential arrest for recreational cannabis possession, and no statewide decriminalization measure has advanced significantly.
Texas lawmakers appear committed to incremental change, rather than sweeping legalization. For now, staying current with the legislature, and the courts, is the only reliable map through the state’s evolving cannabis terrain.
