A Guide to Cannabis Laws Around Texas | Dallas Observer
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A Guide to Cannabis Laws In States Close to Texas

Cannabis laws, which vary across the country, are ever-changing. Keep this article in your back pocket if you're a fan of cannabis traveling out of the Lone Star State.
In Texas, possession of 2 ounces or less of marijuana is a misdemeanor punishable by a prison sentence of up to 180 days and a maximum fine of $2,000.
In Texas, possession of 2 ounces or less of marijuana is a misdemeanor punishable by a prison sentence of up to 180 days and a maximum fine of $2,000. Cannabis Pictures, CC BY 2.0, via Wikimedia Commons
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As we have reported on a good bit here at the Observer, Texas laws regarding hemp and cannabis can be confusing. Outside of our borders, however, it seems most states near Texas have hopped on the cannabis bandwagon in some form or another. In the Lone Star State we have hemp products that can get you high but might get you arrested. We also have a medical program that doesn’t allow smokeable flower but only low-THC edibles and tinctures.

If you’re really looking for cannabis freedom, you’ll have to travel a bit. We hope this list of cannabis rules and regulations from states near Texas will help you along your voyage.

New Mexico

Weed and hemp are legal in the state, and there’s a medical program.

In April 2021, New Mexico Gov. Michelle Lujan Grisham signed the Cannabis Regulation Act, legalizing the cultivation, manufacturing, purchasing, possession and consumption of recreational cannabis for adults 21 and older, according to the state’s regulation and licensing department. The law also combined the regulation of both adult-use and medical cannabis into one commercial cannabis framework administered by the state’s Cannabis Control Division. According to the National Organization for the Reform of Marijuana Laws (NORML), residents in New Mexico are allowed to purchase and possess up to 2 ounces of cannabis and/or up to 16 grams of cannabis extract from licensed retailers. Adults can also cultivate up to six mature cannabis plants for personal use.

Possession of 2 to 8 ounces is a misdemeanor punishable by a fine of $100 to $1,000, and up to a year in prison. If you’re in possession of 8 ounces or more of cannabis, you could be looking at a fourth degree felony, punishable by 1.5 years in prison and a fine of up to $5,000, according to NORML. Unless you’re a licensed seller, distribution of cannabis is illegal, a misdemeanor punishable by up to a year in prison or a $1,000 fine. You can also apply for a medical marijuana card in the state if you have a qualifying medical condition such as Alzheimer’s Disease, cancer or epilepsy. If you’re in the medical marijuana program in the state, you can possess up to 8 ounces of medical cannabis over a 90-day period. You can also cultivate up to 16 plants at your home (four mature and 12 immature.)

Colorado

Recreational cannabis is legal in the state, and there’s a medical marijuana program. Delta-8 is illegal.

Probably everyone who lives west of the Mississippi knows that weed is legal in Colorado. In 2012, the state passed Amendment 64 to its constitution, legalizing adult-use cannabis. You can legally possess up to 2 ounces of flower or marijuana concentrate and cultivate up to six cannabis plants, with a maximum of three mature plants. Possession over 2 ounces is punishable by a maximum fine of $100 and up to 24 hours of community service, according to NORML.

Possession of more than 6 ounces is subject to 6–18 months in prison and a fine of up to $5,000, and it is illegal to sell cannabis if you’re not licensed by the state. The sale of 4 ounces, for example, is a misdemeanor punishable by 6–18 months in prison and a fine of up to $5,000. While adult-use cannabis is legal in the state, it is illegal to make, sell or consume intoxicating hemp products like delta-8, according to the state’s department of transportation.

Kansas

Weed is illegal, and there is no medical marijuana program in the state. Additionally, the legality of intoxicating hemp products in Kansas is still up for debate.

If you’re a fan of cannabis, you're out of luck in the Sunflower State. Possession of marijuana is a misdemeanor punishable by a prison sentence of up to six months and a maximum fine of $1,000 for first-time offenders, according to NORML. A second offense is a misdemeanor, and a subsequent conviction is a felony punishable by a 10-42 month prison sentence and a maximum fine of $100,000. Selling less than 25 grams of cannabis could mean a fine of up to $300,000 and  a sentence of 14 months' probation to 51 months in prison.

Cultivating your own plants is also illegal in Kansas, punishable by prison time and fines of hundreds of thousands of dollars. While intoxicating hemp products like delta-8 are seemingly legal in the state because of how it defines hemp, the Kansas attorney general issued a legal opinion in 2021 that delta-8 is a Schedule 1 controlled substance. However, some in the state still sell the products.

Missouri

Marijuana and hemp are legal, and the Show Me State has a medical marijuana program.

A ballot initiative passed in 2022 legalized marijuana in Missouri. Since December 2022, Missouri residents can possess up to 3 ounces of cannabis. They can also cultivate up to six flowering plants, six immature plants and six plants under 14 inches for personal use, according to NORML. For first-time offenders, possession of up to 10 grams is a Class D misdemeanor punishable by a fine of $500 but no jail time. A second offense could mean a $2,000 fine and one-year prison sentence.

Possession of more than 10 grams? Forget about it. You’re facing the possibility of a year in prison and a $2,000 fine, even if it’s your first offense. It’s also illegal to sell or distribute cannabis unless you’re licensed by the state. According to NORML, selling or distributing 35 grams or less is a Class E felony punishable by up to four years in prison and a maximum fine of $10,000. The fines and prison sentences go up from there. You can also sign up for the state’s medical marijuana program if you have a qualifying condition. People in the program are allowed to purchase up to 6 ounces of cannabis in a 30-day period, according to the state’s department of health and senior services. As of now, intoxicating hemp products like delta-8 are legal in Missouri. But, with the state’s legislature in session, things could change.

Arkansas

The Natural State doesn't care for certain plants, it seems. Weed and delta-8 are illegal in the state.

Cannabis fans are really out of luck in Arkansas where recreational cannabis and intoxicating hemp products are illegal. However, the state does have a medical marijuana program which allows patients with qualifying conditions to possess up to 2.5 ounces of medical cannabis in a 14-day-period, according to NORML. A first offense for marijuana possession is punishable by a maximum six-month prison sentence and up to $1,000 in fines. A second offense is also a misdemeanor. However, a subsequent conviction is a felony, which could mean 10 months of probation to 42 months in prison and a maximum fine of $100,000, according to NORML. Selling cannabis is also illegal and could get you months of probation or prison time and fines of up to $500,000. CBD products with zero THC, however, are legal in the state.

Louisiana

Weed is illegal, but hemp products are legal and there is a medical program.

According to NORML, there’s no jail time for possessing 14 grams or less of cannabis; it’s punishable by a maximum fine of $100. First-time offenders with more than 14 grams might incur a $500 fine and/or spend up to six months in prison. Second-time offenders are looking at a fine of up to $1,000 and/or a prison sentence of up to six months. The fines and prison sentences go up from there.

Possession of 2.5 pounds or more is considered manufacturing and distributing. For first-time offenders, it's punishable by a 1–10-year prison sentence and a maximum fine of $50,000. For subsequent offenses, the fines and prison time are doubled. You can also apply for the state’s medical marijuana program if you have a qualifying condition, such as autism, cancer or PTSD. However, the Bayou State's medical program does not include smokeable flower, so you’ll be limited to sources such as edibles and tinctures.

Oklahoma

Weed is illegal but the state has a robust medical program, and hemp products are legal.

Even though voters had the chance to approve it last year, recreational adult-use cannabis remains illegal in the Sooner State. However, hemp is still legal, and the state’s medical program is far more extensive than Texas’. Possession of any amount of marijuana outside of the state’s medical program is a misdemeanor punishable by one year in prison and a maximum fine of $1,000. The sale and distribution of less than 25 pounds is a felony that could mean two years to life in prison as well as a $20,000 fine. It only gets worse from there.

It’s up to your Oklahoma physician to decide whether you qualify for the state’s medical marijuana program. If you do, you can possess up to 8 ounces in your residence, up to 1 ounce of marijuana concentrate, up to 72 ounces of edible weed, up to six mature plants and or seedling plants and up to 3 ounces on your person. It takes a few additional steps, but there’s also a law that allows medical marijuana cards from other states to be used in Oklahoma. 
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