Houston, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- State law
- TX H&S Code Sec. 481.121
- Two ounces
- Class B misdemeanor
- Diversion program
- Harris County misdemeanor track
- Hemp limit
- 0.3% THC ceiling
- Public use risk
- Disorderly conduct add-on
Summary
Texas Health and Safety Code Chapter 481 makes any marijuana possession or use illegal statewide, including in Houston. Harris County's diversion program treats two-ounce-or-less possession as a citation, but public use can still trigger arrest and prosecution.
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 th
Full Breakdown
Marijuana remains illegal in Texas under Health and Safety Code Section 481.121, which criminalizes possession of usable quantity. Public consumption adds disorderly conduct and Texas Clean Air Act exposure. Harris County District Attorney's Misdemeanor Marijuana Diversion Program, launched in 2017, allows people caught with two ounces or less to avoid arrest by completing a class, but the diversion is discretionary and does not legalize public use. Houston Police retain authority to arrest, especially when use occurs in a vehicle, near a school, or with a child present. Hemp-derived Delta-8 and CBD products legal under Texas House Bill 1325 are not covered by the marijuana ban, but unregulated THC products risk criminal charges if THC concentration exceeds 0.3%.
Violations & Fines
Possession of two ounces or less is a Class B misdemeanor with up to 180 days jail and $2,000 fine. Public use can add disorderly conduct charges. Possession near schools, in vehicles, or in larger quantities triggers escalated felony charges.
Frequently Asked Questions
Is marijuana legal in Houston?
What is the Harris County marijuana diversion program?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas public conduct overview
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