Texas has not legalized recreational marijuana. However, medical cannabis is allowed for certain conditions. This leads many to wonder - what about THC vape pens? Can those be legally purchased and used in the state?
Recreational THC Vape Pens Are Illegal
To be clear, recreational THC vape pens remain completely illegal under Texas law.
THC, or delta-9-tetrahydrocannabinol, is the key psychoactive compound in cannabis that generates the classic marijuana "high". As a Schedule I substance federally and a Penalty Group 2 drug in Texas, non-medical THC possession brings criminal charges.
Steep Penalties for THC Possession
In fact, state law outlines rather extreme punishments merely for carrying prohibited THC concentrations:
- Less than 1 gram - A state jail felony with up to 2 years imprisonment and a $10,000 maximum fine
- 1 to 4 grams - A 3rd degree felony with 2-10 years imprisonment and $10,000 fine
- 4 to 400 grams - A 2nd degree felony bringing 2-20 years behind bars and $10,000 fine
- 400+ grams - Harsh first degree felony charges of 5-99 years prison and $50,000 fine
So while vaping devices like e-cigs themselves remain legal, having any quantity of illicit THC oil or wax concentrate inside will bring criminal prosecution.
Exemptions for Authorized Texas Medical Marijuana Patients
Qualified medical cannabis patients can legally access non-psychoactive, low-THC cannabis oils under the Texas Compassionate Use Program. Additionally, some of these patients may utilize THC vaping products under certain restrictions:
- Patients need an active medical marijuana prescription from a certified Texas physician
- Any THC vape pens must be purchased solely from a state-licensed dispensary
- Bringing THC vape products across state lines remains completely illegal
So in summary - recreational THC vape pens always stay prohibited, but narrowly-defined legal medical exemptions exist.
