Irving, TX Public Conduct: Public Marijuana Use (2026)

Irving has enacted no home-rule ordinance softening marijuana enforcement, so possession and public consumption fall entirely under Texas Health and Safety Code section 481.121. Possessing a usable quantity 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; more than two but up to four ounces is a Class A misdemeanor, and larger amounts are felonies. Public marijuana use requires possessing the drug, so it carries the same criminal charge. Unlike Austin and El Paso, Irving has not adopted a cite-and-release or lowest-priority policy, so officers may make an arrest.