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El Paso, TX Public Conduct: Public Marijuana Use (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Governing law
Tex. Health & Safety Code 481.121
Two ounces or less
Class B misdemeanor
Maximum penalty
180 days jail, $2,000 fine
Local legalization
None; preempted by state
Cite and release
2020 resolution, booking discretion

Summary

Smoking or possessing marijuana in public is illegal everywhere in El Paso. Texas law, not a local ordinance, controls. Possession of two ounces or less is a Class B misdemeanor, and the city has not legalized recreational use.

Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. ... An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less

View official code

Full Breakdown

El Paso has no ordinance permitting recreational marijuana, and it legally cannot enact one. Texas Health & Safety Code Section 481.121 makes possessing a usable quantity of marihuana a criminal offense statewide, a Class B misdemeanor (up to 180 days in county jail and a fine up to $2,000) for two ounces or less. The El Paso Police Department enforces state law. A 2020 City Council cite-and-release resolution lets officers issue a citation instead of jailing someone for low-level possession, but that is booking discretion, not legalization. Charges still go before a judge, and the Texas Attorney General has sued cities over marijuana non-enforcement.

Violations & Fines

Possession of two ounces or less is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine up to $2,000. Larger amounts escalate to Class A misdemeanor or felony charges.

Frequently Asked Questions

Is marijuana legal in El Paso?
No. Possessing or using marijuana is a crime under Texas Health & Safety Code Section 481.121. El Paso has no power to legalize it, and none of its ordinances do.
What is El Paso's cite-and-release policy?
A 2020 City Council resolution letting police issue a citation instead of arresting for possession of four ounces or less. It reduces jail bookings but does not drop the criminal charge.
Can I smoke marijuana in public in El Paso?
No. Public marijuana use requires possessing a usable quantity, a Class B misdemeanor under state law. There is no legal recreational use anywhere in the city.

Sources & Official References

Other rules in El Paso

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All El Paso rules

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