Recreational pot is illegal in Texas. How about THC pens bought legally from another state?

Brayden Garcia
·2 min read
57

Smoking devices such as e-cigarettes and vape pens are legal in Texas, but what about when those devices utilize THC instead of tobacco?

While many states have legalized marijuana for recreational use, Texas has not. However, the Lone Star State does allow for medical marijuana consumption on numerous aliments and illnesses.

THC, or delta-9-tetrahydrocannabinol, is a compound found in the cannabis plant and produces the psychoactive effects that cannabis consumption is known for, according to the National Library of Medicine.

If recreational marijuana is illegal in Texas, what does that mean for THC vape pens? Here’s what we know:

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Are THC vape pens legal in Texas?

Nope, recreational vape pens utilizing THC are illegal in Texas.

Under Texas Health and Safety Code section 481.103, tetrahydrocannabinol is classified as a “Penalty Group 2” illegal substance.

Texas Health and Safety Code section 481.116 outlines the punishment for a THC conviction, which varies on the amount the person is accused of possessing:

  • Less than one gram: State jail felony punishable by six months to two years in state jail and a maximum fine of $10,000.

  • One to four grams: Third degree felony punishable by two to 10 years in prison and a maximum fine of $10,000.

  • Four to 400 grams: Second degree felony punishable by two to 20 years in prison and maximum fine of $10,000.

  • 400 grams or more: First degree felony punishable by five to 99 years in prison and maximum fine of $50,000.

What about THC vape pens if you qualify for medical marijuana in Texas?

There a few exemptions for Texans who qualify for medical marijuana consumption.

It is legal for Texans to posses a THC vape pen if they have a medical marijuana prescription and purchase the device from a certified Texas dispensary, according to The Webb Firm.

However, if the Texas medical marijuana patient purchased a THC vape pen outside the state, that would be illegal regardless of their designation.