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Travis County, TX Public Conduct: Public Marijuana Use (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Recreational status
Illegal statewide
Possession penalty
Class B misdemeanor
Medical program
Low-THC only
Austin Prop A
Deprioritized in city

Summary

Marijuana possession and public use remain illegal under Texas Health and Safety Code Chapter 481 across Travis County, though Austin Proposition A (2022) deprioritized low-level possession arrests within Austin city limits.

City-specific rules exist: Austin has its own public marijuana use rules that differ from Travis County's county-level regulations. If you live in Austin, check the city-specific page instead.

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.

Source: TX Health & Safety Code 481.121View official code

Full Breakdown

Texas has not legalized recreational marijuana. Possession of any usable amount is a Class B misdemeanor under Health and Safety Code 481.121 (up to two ounces); larger amounts and edibles escalate quickly. The state Compassionate Use Program permits low-THC medical cannabis only for qualifying conditions. Austin voters approved Proposition A in 2022 deprioritizing enforcement of low-level possession by APD, but TCSO and state troopers continue to enforce Texas law in unincorporated Travis County. Public smoking violates clean indoor air and park rules even where deprioritized.

Violations & Fines

Public marijuana use or possession is a Class B misdemeanor punishable by up to 180 days jail and $2,000 fine; THC concentrates and edibles are felonies starting at any measurable amount.

Frequently Asked Questions

Did Austin legalize marijuana?
No. Austin voters deprioritized APD enforcement of low-level possession through Proposition A, but state law still applies and TCSO and DPS troopers enforce it.
Are edibles or vape carts legal?
No. THC concentrates including edibles, wax, and vape cartridges are state jail felonies in Texas regardless of city deprioritization measures.

Sources & Official References

Other rules in Travis County

Public Alcohol UseLight RestrictionsAggressive PanhandlingLight RestrictionsLoitering RulesSignificant RestrictionsOutdoor Smoking RestrictionsSome RestrictionsNoise Ordinances: Vehicle NoiseLight RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsFence Regulations: Retaining WallsSome RestrictionsAnimal Ordinances: Wildlife FeedingSome RestrictionsAnimal Ordinances: Exotic PetsSignificant RestrictionsAnimal Ordinances: Breed RestrictionsSignificant Restrictions

All Travis County rules

Texas rules heatmap·Compare Travis County to another location·View the Texas public conduct overview

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Public Marijuana Use in Cities Across Travis County

Austin, TXPflugerville, TX