Recreational Use

Texas & Federal Law

In Texas and federal law, recreational use of marijuana is still illegal. Below are links to the laws that discuss cannabis-related criminal offenses.

Texas Law

Section 481.120 of the Texas Health and Safety Code
Makes intentionally or knowingly delivering marijuana a criminal offense of varying severity based on the amount of marijuana delivered.
Section 481.121 of the Texas Health and Safety Code
Makes the possession of marijuana a criminal offense of varying severity depending on the amount of marijuana possessed.
Section 481.122 of the Texas Health and Safety Code
Makes the knowing delivery of a controlled substance, including marijuana, to a person younger than 18 years of age a felony in the second degree.
Texas Penal Code, Chapter 12
Chapter 12 of the Texas Penal Code outlines the potential penalties for criminal offenses of varying degrees.

Federal Law

Section 844 in Title 21 of the U.S. Code
Federal penalties for simple possession of a controlled substance.

Understanding the Law

Texas Marijuana Laws
A summary of various marijuana-related offenses and the potential penalties.
Marijuana Penalties in Texas
NORML, a cannabis law reform advocacy organization, has compiled this detailed listing of marijuana-related criminal offenses in Texas and potential penalties.

Drug Tests

In addition to criminal penalties, illegal use of cannabis may affect other aspects of a person's life. For example, employment or release on probation or parole may depend upon abstaining from controlled substances. The links below explain the legality of drug testing.

Drug and Alcohol Testing During Employment
This resource outlines the possible restrictions regarding an employers' right to drug or alcohol test employees.
Drug Testing in the Workplace
This excerpt from the Texas Workforce Commission's Especially for Texas Employers provides recommendations for creating and implementing a drug testing policy.
Workplace Drug Testing in Texas (Nolo)
This article from Nolo, a legal encyclopedia, explains the legal basis for employee drug testing in Texas.

Pardons for Drug Offenses

As possession of cannabis has been decriminalized or legalized altogether in some states, there has been a movement to pardon people who were convicted of possession of small amounts of marijuana that would be legal today.

Washington Gov. Inslee to pardon thousands convicted of marijuana possession
As a result of the legalization of recreational marijuana use in Washington state, Governor Jay Inslee announced that he would pardon thousands of people convicted of minor drug offenses.
San Francisco To Expunge Thousands Of Marijuana Convictions
The San Francisco District Attorney's office plans to expunge approximately 9,000 marijuana possession convictions as recreational marijuana is now legal in California.
Denver unveils new system for clearing marijuana convictions
The city of Denver has established a program to help people eliminate low-level marijuana convictions from their criminal records.
After marijuana legalization in Illinois, hundreds of thousands eligible to expunge previous marijuana criminal charges
Rolled into the Illinois bill legalizing recreational marijuana was a provision that automatically expunged criminal convictions for possession of less than 30 grams of marijuana.

Texas State
Law Library

Cannabis and the Law