Texas Did Not Make Marijuana Possession a Felony After 70% of Voters Supported Legalization
A recent claim circulating on social media suggests that Texas made marijuana possession a felony after more than 70% of voters supported legalizing it. However, this claim is largely false.
The claim stems from a nonbinding proposition that appeared on Democratic primary ballots in March 2026, asking voters whether Texas should legalize cannabis for adults and automatically expunge criminal records for past low-level cannabis offenses. The proposition received strong support, with 80.1% of voters in favor and 19.9% against. However, this was not a statewide referendum in which Texas voters decided to legalize marijuana. The question was only presented to Democratic primary voters, and the result did not change state law.
Additionally, Texas did not make all marijuana possession a felony. While the state reinstated definitions that treat certain THC products as controlled substances, possession of two ounces or less of marijuana remains a Class B misdemeanor under Texas law. Larger amounts can carry more-serious penalties, and the state also permits up to 0.3% delta-9 THC in consumable hemp products.
The policy at issue dates back to 2021, when the Texas Department of State Health Services published disputed schedules treating manufactured delta-8 THC as a controlled substance. Hemp businesses challenged the policy, and a court temporarily blocked it while the case continued. The Texas Supreme Court ultimately ruled in favor of the state, and the disputed definitions were reinstated in July 2026.
In conclusion, while Democratic primary voters did support a nonbinding proposition calling for the legalization of cannabis, Texas did not legalize marijuana and did not make all marijuana possession a felony. The THC policy at issue dates back to 2021, and the reinstated definitions are currently facing a separate federal court challenge.
