Marijuana possession and public use remain illegal under Texas Health and Safety Code Chapter 481 across Travis County, though Austin Proposition A (2022) deprioritized low-level possession arrests within Austin city limits.
Texas has not legalized recreational marijuana. Possession of any usable amount is a Class B misdemeanor under Health and Safety Code 481.121 (up to two ounces); larger amounts and edibles escalate quickly. The state Compassionate Use Program permits low-THC medical cannabis only for qualifying conditions. Austin voters approved Proposition A in 2022 deprioritizing enforcement of low-level possession by APD, but TCSO and state troopers continue to enforce Texas law in unincorporated Travis County. Public smoking violates clean indoor air and park rules even where deprioritized.
Public marijuana use or possession is a Class B misdemeanor punishable by up to 180 days jail and $2,000 fine; THC concentrates and edibles are felonies starting at any measurable amount.
See how Austin's public marijuana use rules stack up against other locations.
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