Marijuana Laws in Texas 2025: Federal vs. State Legal Status Explained

The Confusing State of Marijuana Laws in America: A Texas Criminal Defense Perspective

“Are weed and medical marijuana illegal in the United States? Are weed and marijuana illegal in Texas? I know you want to know. I’m going to tell you.” With those opening words on the Attorney 911 Podcast, Ralph Manginello cuts straight to the heart of one of the most confusing legal issues facing Texans today. As a criminal defense and personal injury law firm with over 25 years of experience in Texas courtrooms, we at Attorney911 see daily how this legal gray area creates real-world problems for our clients. The intersection of federal prohibition, evolving state laws, and Texas’s unique approach creates a minefield where a simple mistake can lead to criminal charges, jeopardized injury claims, and life-altering consequences.

This comprehensive guide will break down exactly what Attorney Ralph Manginello explained in his podcast, expanding each point with the deep legal context, practical implications, and insider knowledge that comes from decades of handling cases where marijuana laws collide with personal freedom and personal injury recovery. Whether you’re facing criminal charges, wondering about medical options, or concerned about how marijuana use might affect your injury claim, understanding these laws is critical. And when you need help navigating this complex landscape, our legal emergency line is always ready at 1-888-ATTY-911.

Federal Marijuana Law: The Foundation of Confusion

Ralph Manginello begins with the foundational truth: “Under federal law, weed and marijuana are still illegal.” The Controlled Substances Act of 1970 classifies marijuana as a Schedule I drug, placing it in the same category as heroin and LSD—deemed to have no accepted medical use and a high potential for abuse. This federal classification creates the central tension in American marijuana policy, as Attorney Manginello explains: “Although the Justice Department can bring charges and pursue people for having weed and marijuana illegal, smoking weed, cultivating weed, using weed, they won’t.”

The Cole Memo and Federal Non-Enforcement

What Ralph refers to as the “Warback forum in 2014” is actually the Cole Memorandum—a 2013 Department of Justice policy directive (updated in 2014) that fundamentally changed federal enforcement. Named after Deputy Attorney General James Cole, this memo instructed federal prosecutors to deprioritize marijuana enforcement in states that had legalized it, provided those states maintained robust regulatory systems. While not a law itself, the memo created the practical reality Ralph describes: federal resources would not be used to interfere with state medical cannabis programs.

This policy has survived multiple administrations through congressional action. Since 2014, Congress has included the Rohrabacher-Farr amendment (and its successors) in annual appropriations bills, expressly prohibiting the Department of Justice from using funds to interfere with state medical marijuana programs. As Ralph notes, “The bottom line is, the federal government is not going to pursue marijuana cases, not for the foreseeable future.” However, this remains a policy choice, not a legal right—a distinction that matters profoundly for anyone crossing state lines, working in federal jobs, or living on federal property in Texas.

The Texas-Specific Federal Reality

In Texas, this federal-state conflict plays out in unique ways. Our firm’s experience in federal court—Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas—gives us particular insight into how federal agencies operate here. While the DEA and other federal agencies maintain a presence in Houston, Austin, and Beaumont, their focus remains on large-scale trafficking operations, not individual possession. However, this doesn’t mean federal charges are impossible. Transportation across state lines, possession on federal property (like military bases, national parks, or federal buildings), or distribution near schools can still trigger federal jurisdiction.

As Ralph mentioned the potential impact of presidential administrations, it’s worth noting that policy can shift. “Now, interesting, really, we have Trump as the new president. I don’t know how he feels about weed,” Ralph said with characteristic candor. This uncertainty underscores why having experienced Texas counsel matters. At Attorney911, we monitor these policy shifts continuously because they affect our clients’ defense strategies. When federal and state laws conflict, having an attorney like Ralph with 25+ years of experience and federal court admission means we can navigate both systems effectively.

If you’re facing any marijuana-related investigation, whether state or federal, time is critical. Evidence must be preserved, and early intervention can prevent charges from being filed. Call our legal emergency team immediately at 1-888-ATTY-911.

The State Revolution: Taxation, Regulation, and Texas’s Cautious Approach

“States are passing laws allowing people to legally use it,” Ralph explains. “And what’s happening is, the states are taxing that, right? So they can make money and hopefully better their systems, their education systems, their infrastructure.” This economic reality has driven the rapid expansion of legalization. As of 2025, 38 states have comprehensive medical cannabis programs, and 24 have legalized adult recreational use. This patchwork creates what we call “legal jurisdiction shopping”—where conduct legal in one state becomes criminal just across the border.

Texas’s Unique Position in the National Landscape

Texas stands apart from states like Colorado, California, and New York that Ralph mentions. While our firm handles cases nationwide through our federal court admissions and network, we’re Texas-based attorneys who understand our state’s particular political and legal climate. Texas has resisted the broad legalization trend, opting instead for what Ralph accurately describes: “In Texas, it is legal. And if you contact the DPS, or go to the DPS, Texas DPS website, you can look up how to become an applicant for their, I think it’s called, Compassionate User Program.”

The correct name is the Texas Compassionate Use Program (TCUP), established by the Texas Compassionate Use Act in 2015 and significantly expanded in 2019 and 2021. Administered by the Texas Department of Public Safety (DPS), this program represents Texas’s compromise between complete prohibition and full legalization. As Ralph notes, “It’s low-level THC, according to my research.” Specifically, the law originally limited THC content to 0.5%, though recent expansions have increased allowable THC percentages for certain conditions.

Who Qualifies Under Texas’s Medical Program?

Ralph specifies: “So if you have a terminal illness or a neurological illness that’s affecting you, you can apply for medical marijuana in Texas.” The current qualifying conditions include:

• Epilepsy and seizure disorders
• Multiple sclerosis
• Spasticity
• Amyotrophic lateral sclerosis (ALS)
• Autism
• Cancer
• Post-traumatic stress disorder (PTSD)
• Neuropathy
• Alzheimer’s and other forms of dementia
• Chronic pain (for patients who would otherwise require opioids)

The application process involves certification from a registered physician, registration with the DPS, and purchase from one of Texas’s licensed dispensaries. “And the DPS can actually disperse medical marijuana to you,” Ralph explains, though in practice, distribution occurs through state-licensed dispensaries rather than directly from DPS.

The Criminal Defense Implications of Texas’s Limited Program

Here’s where our criminal defense experience becomes crucial. The narrow scope of Texas’s program means that thousands of Texans who might qualify for medical marijuana in other states remain unprotected here. Possession of any amount of marijuana outside the TCUP framework remains illegal under Texas law. The penalties vary dramatically based on amount:

• 2 ounces or less: Class B misdemeanor, up to 180 days in jail, $2,000 fine
• 2-4 ounces: Class A misdemeanor, up to 1 year in jail, $4,000 fine
• 4 ounces to 5 pounds: State jail felony, 180 days to 2 years, $10,000 fine
• 5-50 pounds: Third-degree felony, 2-10 years, $10,000 fine
• 50-2,000 pounds: Second-degree felony, 2-20 years, $10,000 fine
• Over 2,000 pounds: First-degree felony, 5-99 years, $50,000 fine

These penalties demonstrate why having an experienced Texas criminal defense attorney matters. As Ralph’s firm, we’ve successfully defended clients against marijuana charges using strategies similar to those in our documented DWI dismissals. For instance, in one case where “police found large quantity of illegal drugs in client’s home,” we succeeded in arranging deferred adjudication. “Our client will face no jail time and charges will be dismissed if he follows court rules. Prior to trial, he faced 5 to 99 years in jail.”

If you’re facing marijuana charges in Houston, Austin, Beaumont, or anywhere in Texas, don’t gamble with your future. The prosecution will have experienced attorneys—you should too. Call Attorney911 immediately at 1-888-ATTY-911.

Marijuana and Personal Injury: The Hidden Complications

While Ralph’s podcast focuses on criminal aspects, as a full-service personal injury and criminal defense firm, we must address how marijuana use intersects with injury claims. This is where Attorney911’s dual expertise becomes invaluable. Whether you’re the injured party or the at-fault party, marijuana use can dramatically affect your case.

If You’re Injured and Use Marijuana

Many clients ask us: “Will my marijuana use affect my injury claim?” The answer is complex. Texas follows a modified comparative fault system (Texas Civil Practice & Remedies Code § 33.001). If you’re found 51% or more at fault for your accident, you recover nothing. Insurance companies aggressively pursue marijuana use as evidence of impairment that contributed to an accident.

Here’s what insurance adjusters look for:

• Admission of recent use: Never discuss marijuana use with insurance adjusters
• Social media evidence: Posts about marijuana can be taken out of context
• Medical records: Some tests may show THC metabolites that remain long after impairment ends
• Witness statements: Comments about “smelling marijuana” at the scene

Our firm includes a former insurance defense attorney, Lupe Peña, who spent years working for national defense firms. He knows exactly how insurance companies use marijuana evidence to reduce settlements. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” Lupe explains. “Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

If the At-Fault Driver Used Marijuana

Conversely, if the driver who hit you was impaired by marijuana, this becomes powerful evidence of negligence. Unlike alcohol, there’s no legal limit for THC in Texas drivers (Texas Transportation Code § 724.017). However, evidence of impairment can include:

• Blood tests showing active THC
• Officer observations of impairment
• Failed field sobriety tests
• Admissions of use
• Physical evidence in the vehicle

When marijuana impairment contributes to an accident, we pursue punitive damages (Texas Civil Practice & Remedies Code § 41.003), which can significantly increase your recovery. Our multi-million dollar results in cases like the logging brain injury and car accident amputation demonstrate our ability to maximize compensation when impairment is involved.

The Medical Marijuana Patient’s Injury Claim

For patients legally using marijuana under Texas’s Compassionate Use Program, different rules apply. As Ralph noted, “It is legal here in Texas, surprisingly.” This legal status protects registered patients from criminal charges but doesn’t necessarily prevent insurance companies from arguing impairment. However, having proper documentation and a legitimate medical need changes the narrative entirely.

Our approach combines criminal defense knowledge with personal injury strategy. We help medical marijuana patients:

• Document their legal participation in TCUP
• Secure physician testimony about therapeutic use vs. impairment
• Challenge improper blood test interpretations
• Counter insurance company bias against marijuana patients

If you’ve been injured and marijuana use—whether yours or the other party’s—is complicating your claim, you need attorneys who understand both sides. Call Attorney911 at 1-888-ATTY-911 for a free consultation.

Attorney911’s Approach to Marijuana-Related Cases

What makes our firm different in handling marijuana cases? It’s the combination of Ralph Manginello’s 25+ years of Texas courtroom experience, Lupe Peña’s insurance defense insider knowledge, and our track record of results in both criminal and civil contexts.

Our Criminal Defense Strategy

Drawing from our documented successes in drug charge cases, we approach marijuana defense systematically:

• Evidence Challenge: Like the DWI case where “police conducted no breath or blood test” and “nurse notes from hospital were missing,” we scrutinize every piece of evidence. Was the search legal? Was the testing proper? Was chain of custody maintained?
• Medical Necessity Defense: For patients with legitimate needs who don’t qualify under Texas’s narrow program, we explore medical necessity arguments, though these face significant hurdles in Texas courts.
• Diversion Programs: We pursue pretrial diversion, deferred adjudication, and drug court options when appropriate, aiming for dismissal and record sealing.
• Trial Readiness: As Ralph’s client Cassie Wright testified: “Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL!” We prepare every case for trial because insurance companies and prosecutors settle more favorably when they know we’re ready.

Our Personal Injury Strategy When Marijuana is Involved

Lupe Peña’s years at a national defense firm give us an unfair advantage. He literally knows how insurance companies value these claims because he used to calculate them. “Lupe understands claim valuation—he calculated them himself,” Ralph explains. This means we know:

• How adjusters use Colossus software to devalue claims involving marijuana
• Which IME (Independent Medical Examination) doctors they favor for impairment opinions
• How to counter surveillance and social media investigation tactics
• When to settle and when to fight at trial

Our results speak for themselves. From “multi-million dollar settlement for client who suffered brain injury” to cases settling “in the millions” for amputation victims, we recover life-changing compensation even in complex cases involving impairment allegations.

The Attorney911 Difference: More Than Just Marijuana Knowledge

While understanding marijuana laws is crucial, what truly sets us apart is our comprehensive approach to client care. As client Chad Harris described: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” When you call 1-888-ATTY-911, you’re not getting a marijuana specialist—you’re getting a full-service Texas law firm with:

• Federal Court Experience: Ralph’s admission to the U.S. District Court, Southern District of Texas
• Complex Litigation Background: Involvement in BP explosion litigation against billion-dollar corporations
• Multi-Million Dollar Results: Documented settlements and verdicts across practice areas
• Bilingual Services: Lupe Peña and staff member Zulema provide fluent Spanish communication
• Statewide Reach: Offices in Houston, Austin, and Beaumont serving all of Texas

Whether you’re in Houston’s Memorial area where Ralph grew up, Austin’s growing metro, or Beaumont’s Golden Triangle, we’re your local legal emergency lawyers. With 251+ Google reviews maintaining a 4.9-star rating, Houston trusts us—even hometown hero Trae Tha Truth recommends our firm, as client Jacqueline Johnson noted: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm.”

If you’re facing any legal emergency involving marijuana, don’t wait. Evidence disappears, statutes of limitations run, and insurance companies build their cases against you daily. Call the legal emergency line now: 1-888-ATTY-911.

Frequently Asked Questions About Texas Marijuana Laws

Can I get a medical marijuana card in Texas?

Texas doesn’t issue “cards” like some states. Instead, qualified patients register with the Texas Compassionate Use Program through a registered physician. The physician submits a prescription to a state-licensed dispensary, and patients purchase directly from that dispensary. As Ralph advised: “Do your research on the Texas DPS website.” The process is more restrictive than in states like Colorado or California but provides legal protection for qualifying patients.

What happens if I’m caught with marijuana in Texas?

Penalties range from Class B misdemeanor for small amounts to first-degree felonies for large quantities. However, as our case results show, charges don’t necessarily mean convictions. We’ve secured dismissals, deferred adjudication, and favorable outcomes even in serious cases. The key is immediate legal representation to protect your rights from the start.

Will marijuana use affect my child custody case?

In Texas family courts, marijuana use—even in legal states—can significantly impact custody determinations. Judges consider anything affecting a parent’s ability to provide a safe environment. If you’re involved in a custody dispute, consult with an attorney immediately about how to address marijuana use concerns.

Can my employer fire me for using medical marijuana in Texas?

Yes. Texas is an at-will employment state, and marijuana remains illegal under federal law. Most Texas employers can terminate employees for marijuana use, even if prescribed under TCUP. Some exceptions may exist for disabilities under the Americans with Disabilities Act, but these are limited.

If I’m from another state where marijuana is legal, can I bring it to Texas?

No. Transporting marijuana across state lines constitutes federal drug trafficking, regardless of state laws. Even if you’re traveling between two legal states, crossing through Texas with marijuana can result in severe penalties under Texas law.

How does Attorney911 charge for marijuana-related cases?

For criminal defense, we typically charge flat fees or hourly rates depending on case complexity. For personal injury cases, we work on contingency—we don’t get paid unless we win your case. Our standard contingency fee is 33.33% before trial or 40% if the case goes to trial. We advance all costs and you pay nothing upfront.

Your Next Steps: Navigating Texas Marijuana Laws Safely

Ralph Manginello concluded his podcast with this invitation: “If you have a legal emergency and you need help, always give us a call at Attorney 911 or go to our website. If we can’t help you, you’ll find someone who can.” That commitment defines our firm. Whether you’re seeking to understand the law, facing charges, or dealing with an injury claim complicated by marijuana issues, we’re here as your legal emergency lawyers™.

The landscape Ralph described—federal prohibition with non-enforcement, state-by-state legalization, and Texas’s limited medical program—creates confusion that can trap unwary Texans. Don’t become another statistic. As client Greg Garcia discovered after another attorney dropped his case: “Mangiello law firm were able to help me out.” And as Angel Walle testified: “They solved in a couple of months what others did nothing about in two years.”

With offices serving Houston, Austin, and Beaumont, we’re accessible across Texas. Our 25+ years of experience, federal court admission, multi-million dollar results, and former insurance defense insider knowledge combine to give you an advantage no other Texas firm can match. And with our contingency fee structure, you risk nothing to explore your options.

Remember what Ralph emphasized: The federal government may not be pursuing cases now, but Texas prosecutors certainly are. And insurance companies are always looking for reasons to deny or reduce claims. Protect yourself with experienced Texas counsel.

Call Attorney911 right now at 1-888-ATTY-911 (1-888-288-9911) or visit our website at https://attorney911.com. Your consultation is free, confidential, and comes with no obligation. Let us help you navigate this complex legal landscape with the expertise, compassion, and proven results that have made us Houston’s trusted legal emergency lawyers for over two decades.

Frequently Asked Questions

Is medical marijuana legal in Texas?

Yes, but only through the Texas Compassionate Use Program (TCUP). Patients with qualifying conditions like cancer, epilepsy, PTSD, or chronic pain can obtain low-THC cannabis with a prescription from a registered physician. The program is more restrictive than in many other states, but provides legal protection for qualified patients.

What are the penalties for marijuana possession in Texas?

Penalties range from Class B misdemeanor (up to 180 days jail, $2,000 fine) for 2 ounces or less, to first-degree felonies (5-99 years, $50,000 fine) for over 2,000 pounds. However, experienced criminal defense attorneys can often secure dismissals, deferred adjudication, or reduced charges through strategic defense.

Can I use marijuana from another state while visiting Texas?

No. Texas law does not recognize out-of-state medical marijuana cards or recreational use allowances. Possession of any amount without Texas TCUP authorization remains illegal and can result in criminal charges, regardless of your home state’s laws.

How does marijuana use affect a personal injury claim in Texas?

Marijuana use can significantly impact injury claims. Insurance companies may argue impairment contributed to the accident under Texas’s comparative fault system. However, having experienced counsel like Attorney911—with a former insurance defense attorney who knows their tactics—can effectively counter these arguments and protect your right to full compensation.

What should I do if I’m facing marijuana charges in Texas?

Immediately exercise your right to remain silent and call an experienced Texas criminal defense attorney. At Attorney911, we analyze search legality, evidence chain of custody, and testing procedures to build the strongest defense. Early intervention can prevent charges or secure favorable outcomes like deferred adjudication.

Does Attorney911 handle both marijuana criminal defense and related personal injury cases?

Yes. As a full-service Texas law firm, we uniquely handle both criminal defense for marijuana charges and personal injury cases where marijuana is a factor. Our dual expertise, combined with Lupe Peña’s insider knowledge from years working for insurance defense firms, gives clients a comprehensive advantage in navigating these complex legal intersections.