Texas cannabis laws are a complex and ever-changing landscape. While other states move towards broader legalization, Texas continues to navigate its own path, creating the potential for confusion. Recently, Governor Greg Abbott's veto of Senate Bill 3, a bill aimed at banning most consumable hemp-derived THC products, sent ripples through the state.

Larman Law, in Heath (Rockwall County), Texas, understands that legal confusion can lead to serious consequences. This post breaks down the current state of THC laws in Texas, clarifying what's legal, what's not, and the potential penalties you could face.

Marijuana and its Penalties – Still Strictly Prohibited in Texas

Let's start with the basics: Recreational marijuana remains ILLEGAL in Texas. Despite widespread sales of hemp-derived products, traditional cannabis (marijuana with THC content above 0.3% Delta-9 on a dry weight basis) is still a controlled substance, and possession carries significant penalties.

Typical Penalties for Marijuana Possession in Texas:

• 2 ounces or less: A Class B Misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000.

• 2 to 4 ounces: A Class A Misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $4,000.

• 4 ounces to 5 pounds: A State Jail Felony, punishable by 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.

• Over 5 pounds: Penalties escalate rapidly into more severe felonies with longer prison sentences and higher fines.

It's also important to remember that Drug Paraphernalia (items used to grow, process, or consume marijuana) is typically a Class C Misdemeanor, carrying a fine of up to $500. This can include things like a pipe, rolling papers, etc.

Local Policies: What About "Cite and Release" or "Non-Prosecution" in Texas Cities?

While state law is clear, some Texas cities, including Dallas, Austin, and others, have adopted local policies to change how law enforcement handles low-level marijuana possession. These initiatives reflect a local desire to reduce arrests and the burden on the justice system.

• Cite and Release: This policy instructs officers to issue a citation (like a traffic ticket) instead of making an arrest for certain minor offenses, including small amounts of marijuana. The individual receives a summons to appear in court at a later date, avoiding immediate booking into jail. The case still proceeds through the criminal justice system.

• Non-Prosecution (or Decriminalization) Policies: Some cities go further, with policies that direct police not to arrest or cite individuals for possession of small amounts of marijuana (often up to 2 or 4 ounces), and sometimes even prevent police from using the smell of marijuana as probable cause for a search. These policies aim to avoid formal criminal charges altogether for low-level possession, unless other, more serious crimes are involved.

It is crucial to understand that these are local policies and NOT changes to state law. Just because a city has such a policy doesn't mean marijuana is legal, or that you can't be arrested or prosecuted by state agencies (like DPS) or in neighboring cities/counties that do not have such policies. Currently, Rockwall, Kaufman, Hunt, and Collin Counties do not appear to have adopted any local rules against enforcing State law.

THC as Penalty Group 2 and Its Consequences

Beyond traditional marijuana, concentrated forms of THC fall under Texas's Penalty Group 2. This often includes substances like THC vape pens, edibles with higher concentrations of THC (that aren't considered "hemp"), and other extracts.

Penalties for Possession of a Penalty Group 2 Substance:

• Less than 1 gram: A State Jail Felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

• 1 to 4 grams: A Third-Degree Felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

• 4 to 400 grams: A Second-Degree Felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

• 400 grams or more: A First-Degree Felony, punishable by 5 to 99 years or life in prison and a fine of up to $50,000.

As you can see, penalties for concentrated THC can be far more severe than for marijuana flower, making these charges particularly serious for individuals in Texas, especially places like Rockwall and Forney, or other areas outside the major cities like Dallas, where the court system is sometimes overwhelmed.

The Current State of "Legal" Consumable Hemp-Based THC After Abbott's Veto

This is the area of most recent confusion. Prior to Governor Abbott's veto, Senate Bill 3 (SB 3) aimed to ban virtually all consumable hemp products that contained any "intoxicating" cannabinoid (like Delta-8, Delta-10, HHC, THCA that converts to THC upon heating) if they exceeded trace amounts of Delta-9 THC (0.3%). This would have effectively criminalized many products currently sold in convenience stores and vape shops.

Governor Abbott's Veto: On Sunday, June 22, 2025, Governor Abbott vetoed SB 3, despite the initiative being one of Lt. Governor Dan Patrick and Attorney General Ken Paxton's main legislative priorities this session. His rationale was said to be based on concerns that the bill would criminalize products already legalized by federal law (the 2018 Farm Bill regarding hemp) and, as a result, would likely face Constitutional challenges.

What This Means NOW: For the immediate future, the veto means that the current legality of hemp-derived consumable products (like Delta-8, Delta-9 under 0.3%, THCA flower/vapes) largely remains unchanged from its pre-SB 3 status. The "loophole" that allowed their sale under the 2019 Texas hemp law effectively continues.

However, this is NOT a green light for unrestricted use or sales:

• Ongoing Scrutiny: The Governor's veto message indicated a desire for the legislature to regulate these products more effectively, potentially similar to alcohol, and to ensure robust enforcement against sale to minors, dangerous packaging, and untested products. This means future legislative sessions could revisit the issue.

• Federal Law Still Applies: Regardless of state law, many of these intoxicating hemp-derived cannabinoids still exist in a gray area under federal regulations, and their long-term legal status is not entirely settled.

• Driving While Intoxicated (DWI): Even if a product is "legal" to possess, driving under its influence can still lead to a DWI charge, just like with alcohol or prescription drugs. This is unfortunately a common consequence for individuals in Rockwall County consuming these products. For your safety, and the safety of other Rockwall and Kaufman County residents, never drive while under the influence of any intoxicating substance, regardless of the legality of the substance itself.

The take-away is clear: the legality of these products is, for the moment, secure, but is subject to change and appears to remain an important legislative priority.

Your Rights in a Changing Legal Landscape

Texas's laws surrounding marijuana and THC are complex and constantly evolving. What might seem like a minor offense can quickly escalate into serious felony charges with life-altering consequences. If you are facing charges related to marijuana, THC, or any criminal offense in Rockwall County, Heath, Fate, or anywhere in North Texas, you need an attorney up-to-date on the latest legal developments and who understands how to build a robust defense.

Larman Law, in Heath, Texas, remains dedicated to protecting your Constitutional rights and navigating the complexities of the Texas criminal justice system. As Rockwall's only attorney Board Certified in Criminal Appeals by the Texas Board of Legal Specialization, Jason Larman has unique insight into both trial and appellate strategies, including post-conviction relief like 11.07 writs.

Don't let legal uncertainty jeopardize your future. If you need strategic and proven advocacy for a criminal charge, appeal, writ, or help clearing your record, contact Larman Law today for a confidential consultation.

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