As state leaders continue to battle over the legality of marijuana in Texas, the laws regarding the drug can confuse Texans.
Marijuana continues to be illegal in the state of Texas, but El Pasoans continue to travel to New Mexico to buy the drug for recreational use.
Here is what you need to know about marijuana, CBD and THCA in Texas.
Is marijuana legal in Texas?
No, Texas remains one of 26 states to outlaw recreational marijuana. Medical marijuana is legal in Texas, along with 29 other states, after Gov. Greg Abbott signed a medical cannabis expansion bill into law in June, Texas Legislature records show. The law goes into effect on Sept. 1.
The medical cannabis expansion bill allows medical use of low-THC cannabis under the administration of the Texas Compassionate-Use Program.
Marijuana remains illegal under federal law.
Is THC, CBD and THCA legal in Texas?
Texas leaders are continuing to fight over the legality of THC, tetrahydrocannabinol, THCA, Tetrahydrocannabinolic acid, and CBD, cannabidiol. THC, THCA and CBD are compounds in cannabis plants, according to the American Cancer Society.
THC is a psychoactive cannabinoid chemical, while THCA and CBD do not cause a user to get high, the American Cancer Society states. CBD, unlike marijuana and THC, can be derived from hemp.
The Texas Legislature passed a bill banning hemp-derived products in the state in the 2025 legislative session. Gov. Abbott vetoed the bill and sent it back for discussion in a special session.
Abbott said the bill was “well-intentioned,” but that it would never take effect because of “valid constitutional challenges.” The Texas Senate approved its second attempt on July 30 to ban hemp-derived THC, the Texas Tribune reported. The bill now goes before the Texas House of Representatives.
Currently, CBD gummies, oils, and edibles are legal and regulated by the Texas Department of State Health Services.
Punishment for possession in El Paso, Texas
In Texas, possession of 2 ounces or less of marijuana is a Class B misdemeanor. It is punishable by up to 180 days imprisonment and a fine not to exceed $2,000, according to Texas NORML, a nonprofit marijuana legalization advocacy group. The group reports that possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor. It is punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
El Paso law enforcement has several programs to handle possession of marijuana offenses, including the city’s cite and release program started in 2020, and the county’s First Change program started in 2017.
The cite and release program is for misdemeanor amounts of marijuana possession, the El Paso Times reported.
A Class A misdemeanor is issued for possession of four ounces or less but more than two ounces, while a Class B misdemeanor is for possession of two ounces or less. The citations can carry a $500 fine.
The citation given is similar to a traffic ticket, where a defendant promises that they will appear in court at a later date.
Suspects must be adults, stopped for misdemeanor possession, reside in El Paso County, and the officer must have a reasonable belief the suspect will appear in court to qualify for the programs. A suspect is ineligible for the program if they are a confirmed gang member, habitual offender— three or more misdemeanors or felonies — have outstanding warrants, are under the influence at the time of the incident, or if the incident involves other charges in addition to possession of marijuana, the El Paso Times reported.
Can you bring legally purchased weed across Border Patrol checkpoints?
No, marijuana remains illegal under federal law. Anyone attempting to cross the drug past a U.S. Border Patrol checkpoint can be arrested and the drugs seized, according to the American Civil Liberties Union.
New Mexico weed sales
It is no secret that El Pasoans are taking advantage of marijuana being legal in New Mexico.
Marijuana dispensers near the Texas-New Mexico border continue to rake in large amounts of money, New Mexico Regulations and Licensing Department’s Cannabis Reporting Online Portal shows.
New Mexico sold $37.1 million worth of adult-use cannabis and $11.3 million of medical-use cannabis in July, the New Mexico Regulations and Licensing Department reported. Since marijuana was legalized in New Mexico in April 2022, the state has sold $1.3 billion of adult-use cannabis.
Sunland Park and Las Cruces are ranked as the second and third-highest-grossing marijuana dispensers in New Mexico. Sunland Park has sold more than $144 million of adult-use cannabis, while Las Cruces has sold more than $124 million since marijuana was legalized.
What are New Mexico marijuana laws?
Even though marijuana is legal in New Mexico, there are still several laws enforcing its use.
A purchaser must be at least 21 years old and is allowed to possess two ounces of marijuana, newmexicostatecannabis.org reported.
Possession of more than two ounces but less than eight ounces is a misdemeanor. It holds a punishment of a year in jail and a fine of up to $1,000, newmexicostatecannabis.org reported. Possession of more than eight ounces is a felony, which holds a punishment of 18 months in jail and a fine of up to $5,000.
It is legal to grow up to six marijuana plants.
Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com or on X/Twitter @AMartinezEPT.
This article originally appeared on El Paso Times: Is weed legal in Texas? What to know on marijuana, CBD and THCA
Reporting by Aaron Martinez, El Paso Times / El Paso Times
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