Short answer: recreational marijuana is still illegal in Texas, and the next chance for lawmakers to change that is the 2027 session, which convenes January 12, 2027. Three cannabis bills were filed on November 9, 2026, and KERA reports that bills must pass both the House and Senate before reaching the governor’s desk, with Democrats now in control of the House and Republicans keeping the Senate.
Nothing on this page is law yet. Here you will find the dates, the bills, what the incoming officials have said, and what Texas law says today, so you can judge the timeline for yourself.
Quick facts as of 2026-11-10
| Item | What the reporting says | Source and date |
|---|---|---|
| Recreational marijuana | Remains illegal in Texas | KERA, 2026-11-09 |
| Possession and delivery under current law | Criminal offenses under sections 481.120 and 481.121 of the Health and Safety Code | Texas State Law Library cannabis guide, last updated 2026-11-06 |
| Bills filed | HB 369 and HB 362 (Texas Regulation of Cannabis Act), and SB 237 | Texas Legislature Online, 2026-11-09 |
| Bills prefiled | HB 667, HB 330 and HB 507, in addition to the three above | Marijuana Moment, 2026-11-10 |
| Legislative session convenes | January 12, 2027 | KERA, 2026-11-09 |
| Deadline to file most bills | March 12, 2027 | KERA, 2026-11-09 |
| Party control | Democrats flipped the Texas House; Republicans keep the Senate | KERA, 2026-11-09 |
| State medical program | Texas Compassionate Use Program (TCUP) | Marijuana Moment, 2026-11-10 |
How close is Texas to legalizing marijuana?
Bills have been filed, and two incoming officials have spoken about the topic, but the real decision happens in the session. KERA reports that Democrats swept statewide races, including the governor’s office, and flipped control of the Texas House, while Republicans will maintain control of the Senate. Both parties will have to work together to pass legislation (KERA, 2026-11-09). KERA also reports that previous legalization efforts have failed to advance through the Republican-controlled Legislature.
Lt. Gov.-elect Vikki Goodwin (D) defeated incumbent Lt. Gov. Dan Patrick (R). Goodwin said: “There’s differing opinions even within the industry.” Asked about legalization, she said: “we still need to have conversations about that” (Marijuana Moment, 2026-11-09).
Patrick said at a 2025 news conference: “I’m not going to legalize marijuana in Texas” (Texas Tribune, republished by Marijuana Moment, 2026-11-05). Katharine Neill Harris, a drug policy fellow quoted by the Texas Tribune, said Texas could consider “a more comprehensive legal cannabis market, as 24 other states have done.”
What the filed bills would do
Each bill’s caption and filing action appear on its Texas Legislature Online bill history. As of 2026-11-10, the only action listed for HB 369, HB 362 and SB 237 is filing on November 9, 2026. The details in the table come from Marijuana Moment (2026-11-10) and WFAA, and describe what the bills propose.
| Bill | Author | Status as of 2026-11-10 | What it would do |
|---|---|---|---|
| HB 369 (Texas Regulation of Cannabis Act) | Rep. Joe Moody (D) | Filed 11/09/2026 | Adults over 21 could possess, use and transport up to 2 ounces of cannabis, including no more than 15 grams of concentrate, and grow up to 12 plants at home for personal use. Creates licensed, regulated businesses to cultivate, process, transport, test and sell to adults. Taxes transfers from cultivation businesses to dispensaries at 15 percent, and adds a 20 percent tax at point of sale on top of normal sales taxes. Splits revenue: schools 50 percent, a veterans’ assistance fund 25 percent, drug treatment programs 15 percent, local governments 10 percent. Local government could not ban or unreasonably restrict marijuana businesses. |
| HB 362 (Texas Regulation of Cannabis Act) | Rep. John Bucy III (D) | Filed 11/09/2026 | Contains largely identical provisions to HB 369, according to Marijuana Moment. |
| SB 237 | Sen. Carol Alvarado (D) | Filed 11/09/2026 | Similar legalization framework with a 2.5-ounce possession limit. Would let counties ban cannabis businesses from operating. Does not impose new excise taxes; the article says it seeks revenue through business licensing and application fees. |
| HB 667 | Rep. Joe Moody (D) | Prefiled (Marijuana Moment) | Would generally reduce penalties for marijuana concentrates. |
| HB 330 | Rep. Mihaela Plesa (D) | Prefiled (Marijuana Moment) | Would allow patients to access medical cannabis for a condition that causes menstrual cramps, including premenstrual dysphoric disorder or dysmenorrhea. |
| HB 507 | Rep. John Bucy III (D) | Prefiled (Marijuana Moment) | Would prevent state agencies and local governments from drug testing most employees and independent contractors for cannabinoids, or penalizing them for legally using low-THC medical cannabis or consumable hemp products. |
Unlike the House captions, the SB 237 caption has no “imposing a tax” wording. The captions of all three filed bills describe ordinary bills (“Relating to …”), and none mentions a constitutional amendment or voter referendum (Texas Legislature Online).
What the governor-elect and lieutenant governor-elect have said
Gov.-elect Gina Hinojosa (D) has said she wants to let Texas voters decide on marijuana legalization through a legislative ballot referendum. Marijuana Moment reports that under state law this would have to be a constitutional amendment.
Goodwin has also said she is “not in favor of a THC ban,” referring to the ban Patrick got through the Legislature last session, which Gov. Greg Abbott (R) vetoed (WFAA interview, reported by Marijuana Moment, 2026-11-09). Goodwin has described her position on the state’s medical program this way: she asked whether to “expand our TCUP, the Texas Compassionate Use Program, which is medicinal marijuana, or do we legalize it altogether?”
Did Texas vote to legalize marijuana?
No. KERA reports that recreational marijuana remains illegal in Texas (2026-11-09). A local measure did pass recently: Houston voters approved an initiative that makes misdemeanor marijuana possession the “lowest possible enforcement priority” for local police and bans no-knock warrants (Marijuana Moment, 2026-11-09). It applies to local police, not to state law.
Is marijuana a felony in Texas, and can I smoke it at home?
The Texas State Law Library cannabis guide says sections 481.120 and 481.121 of the Health and Safety Code make delivery and possession of marijuana a criminal offense (last updated 2026-11-06). How a specific charge is classified is a question for a Texas criminal defense attorney.
Under current Texas law, possession is a criminal offense, so smoking marijuana at home is not legal. If HB 369 or HB 362 became law in the form Marijuana Moment describes, adults 21 and older could possess up to 2 ounces and grow up to 12 plants at home for personal use.
Medical marijuana in Texas
Texas’s state medical program is the Texas Compassionate Use Program (TCUP), which Marijuana Moment describes as the state’s medical marijuana program (2026-11-10). HB 330 would allow patients to access medical cannabis for a condition that causes menstrual cramps, including premenstrual dysphoric disorder or dysmenorrhea. KERA describes the same bill as expanding eligibility for the state’s medical cannabis program. A licensed clinician can tell you whether any medical option fits your situation.
Hemp is not the same as marijuana
WFAA reports that under federal and state law, cannabis with 0.3% THC on a dry-weight basis is defined as hemp, while high-THC cannabis is marijuana, which is federally illegal. Both House bills include hemp in their definition of cannabis (WFAA, 2026-11-09).
Texas hemp rules are a separate fight. The Texas Tribune reports that a Travis County district judge temporarily blocked the state’s restrictive hemp rules on April 10, 2026, while a lawsuit by the hemp industry plays out in court. The 15th Court of Appeals canceled oral arguments in the case and said it would be reset “at a later date,” leaving it to three Democrats who take office in early January 2027. Goodwin said the Department of State Health Services should “unwind the rules,” saying “They changed the law through those rules, and they don’t have the authority to do that.”
Shayda Torabi, a hemp industry voice quoted by the Tribune, warned: “Don’t assume the election fixed this.” If you are asking about delta-8 products specifically, see our delta 8 legal in your state guide.
Federal law is a separate question
The Texas State Law Library guide says Executive Order 14370, effective December 18, 2025, directs the U.S. Attorney General to reschedule marijuana to Schedule III. The same guide describes marijuana as currently classified as a Schedule I controlled substance under the federal Controlled Substances Act. Sen.-elect James Talarico (D-TX) has said he wants to partner with President Donald Trump to federally legalize marijuana (Marijuana Moment, 2026-11-10). Our guide on rescheduled not legal explains how rescheduling differs from legalization.
Key dates
| Date | What happened or is scheduled |
|---|---|
| December 18, 2025 | Executive Order 14370 takes effect, per the Texas State Law Library guide |
| April 10, 2026 | A Travis County district judge temporarily blocks the state’s hemp rules (Texas Tribune) |
| November 9, 2026 | HB 369, HB 362 and SB 237 are filed (Texas Legislature Online) |
| November 12, 2026 | A federal hemp definition change takes effect, per the Texas State Law Library guide |
| December 11, 2026 | A new federal total THC test starts, according to Shayda Torabi as quoted by the Texas Tribune |
| Early January 2027 | Three Democrats take office on the 15th Court of Appeals (Texas Tribune) |
| January 12, 2027 | The Texas Legislature convenes (KERA) |
| March 12, 2027 | Deadline for lawmakers to file most bills (KERA) |
What this means for you
- Adults: HB 369, HB 362 and SB 237 each set up an adult-use framework. The table above shows the limits in each.
- Medical patients: HB 330 would expand which conditions qualify for medical cannabis.
- Workers: HB 507 would limit drug testing of most public employees and contractors for cannabinoids. For how a positive test can affect a job under current rules, see you get fired.
- Hemp shoppers: the state’s hemp rules are in litigation, and the Travis County ruling blocking them was temporary.
Common mix-ups
- Bills and referendums: the filed bills are ordinary bills. Hinojosa’s referendum idea would need a constitutional amendment, according to Marijuana Moment.
- Local and state: Houston’s ballot measure covers local police. The filed bills would change state law.
- Hemp and marijuana: the 0.3% THC line is the dividing point between hemp and marijuana (WFAA).
- Federal and Texas: federal rescheduling and Texas law are separate tracks, as the State Law Library guide lays out.
- Medical and recreational: TCUP is the medical program. The recreational bills are a different track.
Before you decide: what to check next
- Watch each bill’s history page for committee referrals, hearings and votes. Filing is the only action listed so far.
- For a specific charge or what a possession offense means for you, ask a Texas criminal defense attorney.
- For medical eligibility, ask a licensed clinician or pharmacist.
- For questions about drug testing and employment, ask an employment attorney.
- For hemp products, ask a Texas attorney about the 15th Court of Appeals case, which the court has said will be reset “at a later date.”
By HealthDataConsortium.org Research Team
