Texas Marijuana Compliance

Texas has some of the strictest marijuana laws in the country, with only low-THC cannabis allowed for patients with certain medical conditions. Recreational marijuana in Texas is illegal, as it is by federal law. Therefore, Texas employers may test their employees for marijuana use, as they do with other drugs. According to Texas law, employers are not restricted from disciplining or terminating employees for drug use, whether on- or off-duty.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

Texas Marijuana Compliance

Texas Marijuana Laws

Overall Status: Partially Legal

In the state of Texas, recreational use, possession, cultivation, and sale of marijuana are illegal. However, low-THC medicinal marijuana may be used by patients with certain medical conditions, as long as they have a valid prescription and follow all Texas marijuana compliance guidelines.

Medical Marijuana: Legal

Texas Occupations Code Section 169.003, also known as the “Compassionate Use Program,” was initially signed into law in 2015. At that time, it allowed for the use of low-THC cannabis products exclusively for patients with intractable epilepsy.

In 2019 and again in 2021, it was expanded to include other medical conditions. Today, residents of Texas may request a medical marijuana prescription from a qualified physician if they have any of the following conditions:

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Autism
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Amyotrophic lateral sclerosis
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Cancer
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Epilepsy
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Multiple sclerosis
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Post-traumatic stress disorder
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Incurable neurodegenerative disease
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Seizure disorders
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Spasticity
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All forms of cancer
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Post-traumatic stress disorder (PTSD)5 to

As of September 1, 2021, HB 1535 raised the maximum allowable level of THC for medical marijuana products from 0.5 to 1%.

Decriminalized: No

As of December 2021, marijuana has not been decriminalized in the state of Texas. However, in April of 2021, the Texas House of Representatives approved a bill to decriminalize marijuana possession, sending the bill to the Senate. If passed, HB 441 would make possession of up to one ounce of marijuana a Class C misdemeanor with a penalty of $500 and no arrest or threat of jail time. As long as the penalty was paid and the judge’s orders were followed, this would not result in a criminal record. However, until the bill is signed into law, possession continues to be punishable by both fines and incarceration.

Recreational Marijuana: Illegal

When it comes to recreational marijuana laws, the state of Texas and the Federal government both agree that its use is illegal. You cannot grow, sell, or use marijuana in the state or sell any paraphernalia related to cannabis use.

Anyone without a valid medical marijuana prescription who is caught with marijuana can be charged with possession and may face jail time as well as owing fines. The severity of the punishment depends on the quantity of marijuana and the form (ex. flower vs. concentrate). Additional penalties apply for the cultivation and/or sale of marijuana.

Frequently Asked Questions

At this time, marijuana use is illegal in Texas, with the exception of the use of low-THC marijuana use by medical marijuana patients who have a valid prescription.

What is Texas’ history with marijuana?

From 1931 until 1973, Texas had the harshest marijuana laws of any state in the country. Possession of any amount was a felony punishable by 2 years to life in prison.

What is the punishment for possession in Texas?

Possession of two ounces or less of marijuana flower is a Class B misdemeanor with a penalty of a fine of up to $2,000 and up to 180 days of imprisonment. Larger quantities and concentrates bring higher penalties.

Drug Tests That Exclude Marijuana

Urine Drug Panels That Do Not Include Marijuana Testing

Some of the popular drug tests that remove THC from the panel of drugs being tested are listed below:

Also try taking a look at our comprehensive list of urine drug panels that exclude marijuana. Drug tests that do not include marijuana testing can be found under the “Exclude Marijuana” section.

Hair Drug Tests That Do Not Include Marijuana Testing

To remove marijuana testing from a hair test, try one of our two popular hair tests:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Tests That Include THC Testing

If marijuana testing is needed, the below urine drug panels include testing for THC:

For a complete list of urine drug panels that we offer, view our urine drug panels here.

Hair Drug Panels That Include Marijuana Testing

The following are hair drug tests that include testing for THC:

A comprehensive list of the hair drug panels that we offer can be found here.

Citations

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Bissmeyer, Ramon D. and Voss, Elizabeth A. “Marijuana in the Texas Workplace.” Dykema, https://www.dykema.com/media/site_files/196_Marijuana%20in%20the%20Texas%20Workplace.pdf
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Jaeger, Kyle. “Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate.” Marijuana Moment, 30 April 2021, https://www.marijuanamoment.net/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate/
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“Cannabis Laws & Penalties in Texas.” https://www.texasnorml.org/activism/marijuana-laws-and-penalties-in-texas/
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“Texas Occupations Code Section 169.003. Authority to Prescribe Low-THC Cannabis to Certain Patients for Compassionate Use.” Texas Constitution and Statutes, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.169.htm#169.003
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“Cannabis and the Law: Texas’s Compassionate-Use Program.” Texas State Law Library, https://guides.sll.texas.gov/cannabis/compassionate-use
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“H.B. No. 1535.” Texas Legislature Online, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01535F.pdf#navpanes=0
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“Cannabis and the Law: Recreational Use.” Texas State Law Library, https://guides.sll.texas.gov/cannabis/recreational-use
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“Texas Cannabis Law Timeline.” Texas NORML, https://www.texasnorml.org/