The Backdrop: A Nationwide Movement Towards Decriminalization and Legalization
Recreational Use
As of 2025, 24 states and Washington, D.C. have legalized marijuana for recreational use. This represents nearly half of the United States, marking a significant shift from 2017 when only eight states had legalized recreational cannabis.
The movement began in 2012 with Colorado and Washington becoming the first states to legalize recreational marijuana. Since then, states have continued to join through ballot measures and legislative action. The most recent states to legalize include Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.
However, in 26 states, adults can still be cited or arrested for possessing cannabis, and 19 states continue to jail residents for simple possession.
Medical Use
On Saturday, Governor Greg Abbott (R) signed a medical cannabis expansion bill (HB 46) into law, making Texas the 40th state to legalize cannabis for medical use. As of 2025, medical marijuana use is legal in 38 states and the District of Columbia, with comprehensive medical cannabis programs that meet criteria including protection from criminal penalties, access through dispensaries or home cultivation, and allowance for various strains and consumption methods.
Another nine states allow the use of low-THC, high-cannabidiol (CBD) products for specific medical conditions, though these programs are more limited than comprehensive medical cannabis laws.
Decriminalization in Texas
Texas has not decriminalized or legalized recreational marijuana. Patrick announced on December 4, 2024, that Senate Bill 3, will aim to ban all forms of consumable THC in the state. However, Gov. Greg Abbott on Sunday vetoed a contentious state ban on THC products and shortly after called a special legislative session asking lawmakers to instead strictly regulate the substance.
Currently in Texas:
- Possession of marijuana remains a criminal offense with potential jail time
- The mandatory minimum sentence for marijuana possession is 180 days in jail for 4 ounces or more
- Some local jurisdictions have “cite-and-release” policies for small amounts
- Statewide decriminalization efforts have not succeeded
The distinction between decriminalization and legalization is important. Decriminalization would remove criminal penalties for possession of small amounts, typically replacing them with civil fines. Legalization would mean no penalties within regulated limits, similar to alcohol laws in states where cannabis is legal.
Federal Laws
Marijuana remains illegal under federal law as a Schedule I controlled substance under 21 U.S.C. § 812 and 21 U.S.C. § 841(a)(1). On May 21, 2024, the U.S. Department of Justice Drug Enforcement Administration (DEA) published a notice of proposed rulemaking to transfer marijuana from Schedule I to Schedule III under the Controlled Substances Act. However, as of mid-2025, this rescheduling has not been finalized.
State laws permitting marijuana use continue to conflict with federal prohibition, though federal prosecutions for simple possession remain rare.
Texas Medical Cannabis Program Expansion
HB 46 will expand access to medical cannabis, a relatively safe and effective treatment option that has long been sought by patients suffering from pain and several other serious medical conditions. The improvements to Texas’s Compassionate Use Program include:
- Adding chronic pain, Crohn’s disease, and traumatic brain injury as qualifying conditions
- Adding methods of delivery to include lotions, patches, suppositories, pulmonary inhalation with approved nebulizers, inhalers, and vaporizers (when directed by a doctor)
- Replacing the current limit of 1% THC by weight with up to 10 milligrams per dose and a package not to exceed 1 gram of THC
- Requiring The Department of Public Safety to issue 12 more licenses for dispensing organizations (for a total of 15 total)
The Hemp-Derived THC Controversy
Texas and other agriculture states passed their own laws that allowed farmers to grow hemp for paper, clothing and bedding following the 2018 federal Farm Bill. This inadvertently created a market for hemp-derived THC products like Delta-8 and Delta-9.
Since 2023, thousands of stores selling hazardous THC products have popped up in communities across the state, leading to concerns about unregulated products and youth access.
Senate Bill 3 and the Governor’s Veto
The Texas Legislature passed Senate Bill 3 in 2025, which bans Delta 8, Delta 9 and all other forms of intoxicating THC, including beverages. It also prohibits the retail sale of any cannabinoid in the state, with the exception of CBD and CBG.
In a statement explaining his veto, Abbott argued that SB 3 would not have survived “valid constitutional challenges,” and that the bill’s total ban “puts federal and state law on a collision course,” noting that the 2018 federal Farm Bill legalized hemp products.
Abbott, who said the 30-day special session will begin July 21, can still add items to the call list. The governor is asking lawmakers to create a regulatory framework for hemp-derived THC products rather than an outright ban.
Current Status and Future Outlook
As of June 2025:
- Recreational marijuana remains illegal in Texas
- Medical cannabis is available through the expanded Compassionate Use Program
- Hemp-derived THC products remain in legal limbo pending special session
- Criminal penalties for marijuana possession remain in effect
Advocates think 2025 could be different for broader marijuana reform, though significant obstacles remain. Lt. Governor Dan Patrick remains strongly opposed to any form of legalization, while advocacy groups continue to push for change.
If you have been charged with possession of marijuana, THC products, drug paraphernalia, delivery of marijuana, or possession of cannabis concentrate in Texas, it is important to consult with a legal professional who can advise you on current laws and your rights.
