Dallas, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- TX Health & Safety Code 481.121
- Legal status
- Illegal statewide in Texas
- Prop R 2024
- Passed but partially enjoined
- Possession under 2oz
- Class B misdemeanor
- Legal exception
- Compassionate Use low-THC only
Summary
Texas Health and Safety Code Chapter 481 makes marijuana possession and use illegal statewide; Dallas voters passed Proposition R in 2024 limiting low-level enforcement, but the city is suing to block it and public consumption remains prohibited.
Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.(b) An offense under Subsection (a) is:(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and(6) a felony of...
Full Breakdown
Texas Health and Safety Code Section 481.121 classifies marijuana as a controlled substance. Possession of two ounces or less is a Class B misdemeanor; public consumption typically adds disorderly-conduct or paraphernalia charges. Only state-licensed Compassionate Use Program low-THC products are legal, and only for registered patients. Dallas voters approved Proposition R in November 2024 directing police not to cite or arrest for possession of less than four ounces in most cases, but Texas Attorney General Ken Paxton sued the city and the ordinance is partially enjoined. Public smoking or vaping of marijuana remains illegal statewide regardless of local enforcement priorities.
Violations & Fines
Possession under two ounces: Class B misdemeanor, up to 180 days jail and $2,000 fine. Public consumption may add paraphernalia or disorderly-conduct charges. Driving under influence is a separate DWI offense.
Frequently Asked Questions
Did Dallas legalize marijuana with Proposition R?
Can I smoke marijuana in a Dallas park or sidewalk?
Sources & Official References
Other rules in Dallas
Texas rules heatmap·Compare Dallas to another location·View the Texas public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in Dallas County handle public marijuana use.