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.
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%.
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.
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See how Houston's public marijuana use rules stack up against other locations.
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