General Information

About this Guide

In recent years, laws regarding cannabis have changed rapidly across the United States. The number of changes to the law have left people confused about what exactly is and is not legal in different jurisdictions. This guide will give you an explanation of the current status of state and federal laws about marijuana and cannabidiol (CBD).

Please note: this is an area of law that is evolving very quickly. The information contained in this guide is subject to change based on new laws and regulations.

Texas and Federal Law

In general, marijuana is classified as a controlled substance on both the federal and the state levels. Please see the Cannabidiol (CBD) and Compassionate-Use Program pages of this guide for specific instances in which certain cannabis products have been legalized.

Note: State and federal law use the spelling "marihuana."

Federal Law

Section 812 in Title 21 of the U.S. Code
Marijuana is classified as a Schedule I controlled substance under the federal Controlled Substances Act. Schedule I substances are defined as those that have "a high potential for abuse," "no currently accepted medical use in treatment in the United States," and "[t]here is a lack of accepted safety for use of the drug or other substance under medical supervision."

Texas Law

Texas Health and Safety Code, Chapter 481
The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense.
Schedules of Controlled Substances
As required by the Texas Controlled Substances Act, the Department of Public Safety has published its schedules of controlled substances. In the 2018 schedule, marihuana is listed as a Schedule I hallucinogenic substance.
Texas Agriculture Code, Chapter 121
This chapter of the Texas Agriculture Code, introduced in June of 2019, requires the state to develop a plan to monitor and regulate the production of industrial hemp.
Texas Agriculture Code, Chapter 122
This chapter of the Texas Agriculture Code, introduced in June of 2019, puts statutory requirements in place surrounding the cultivation of hemp, including licensure and testing.

E-Books Available from the Texas State Law Library

Marijuana law in a nutshell
An overview of marijuana law in the United States including: public policy, legal history, constitutional law, criminal law, and legal issues that concern marijuana-related businesses.
Cannabis law : a primer on federal and state law regarding marijuana, hemp, and CBD
This primer from the American Bar Association looks at how changes in state and federal laws have shaped the cannabis industry over the last several decades. Chapters review tax, finance, and insurance issues for cannabis businesses, recent cannabis litigation, and regulation of cannabis products, among other subjects.