Can you bring marijuana into Texas? Know rules before 7/31

Texans can legally buy recreational marijuana in states like California and Colorado, but buying cannabis legally somewhere else doesn’t necessarily mean you can bring it home.

With new restrictions on THC products set to take effect July 31, you may be wondering what the rules are for bringing marijuana purchased elsewhere back into the state.

Here’s what to know.

Can I legally bring marijuana purchased in another state back into Texas?

Marijuana purchased legally in another state is still illegal to possess in Texas, regardless of where you bought it.

Texas criminal defense attorney Austin Hagee said Texas doesn’t recognize marijuana purchased legally in another state, and federal law also prohibits transporting marijuana across state lines.

“This applies to every marijuana-legal state that borders or neighbors Texas (New Mexico, Oklahoma, Colorado), every U.S. state that has legalized recreational cannabis,” Hagee wrote in a blog post.

Whether you’re driving across the border or flying home, the law is the same.

“If you’re caught with weed at an airport or during a traffic stop, law enforcement will enforce Texas laws, not the laws of the state where you purchased the products,” Hagee wrote.

Texas also doesn’t recognize medical marijuana cards or prescriptions issued by other states.

“Only prescriptions issued under Texas’ Compassionate Use Program (CUP) are lawful,” Hagee wrote.

What happens if I get caught bringing marijuana into Texas?

The penalties for bringing marijuana into Texas depend on the type of cannabis product and how much you have.

Possessing 2 ounces or fewer of marijuana flower is a misdemeanor under Texas law, while possessing more than 4 ounces can lead to a state jail felony.

THC concentrates, including vape cartridges and edibles, are treated differently and can carry felony charges at much lower amounts.

“For example, they may weigh a pen that weighs 3 grams, but only contains .75 grams of THC oil. Technically, this should be a state jail felony charge for Possession of Controlled Substance PG 2 Less than a Gram, but it will often get charged as a third-degree felony of Possession of Controlled Substance PG 2 1 gram – 4 grams,” Hagee wrote.

Hagee also said a single THC vape cartridge or a small tin of gummies can often tip the scales into felony territory in Texas, even if the same product was legal where it was purchased.

“The ‘gummy bag weight’ problem is one of the most common ways out-of-state travelers get surprise-charged with a third-degree felony here,” he wrote.

What THC products become illegal in Texas on July 31?

Starting July 31, Texas will begin enforcing rules that treat more than trace amounts of THC — other than delta-9 THC — as controlled substances, after the Texas Supreme Court upheld the state’s authority to enforce definitions first adopted in 2021.

That means many hemp-derived products sold in smoke shops and CBD stores, including those containing delta-8 THC, delta-10 THC, THCA and THCP, will no longer be considered legal hemp products in Texas.

According to the Texas Department of State Health Services, products that don’t comply with the new rules may be detained during routine inspections and referred to law enforcement.

Some hemp products will still be allowed. Edibles, gummies, beverages and topical products containing no more than 0.3% delta-9 THC by dry weight will remain legal under Texas law.

Tiffani Jackson

Fort Worth Star-Telegram

Tiffani is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions about life in North Texas. Tiffani mainly writes about Texas laws and health news.