Cannabis & Marijuana Rental Rules in Texas 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Texas.

CBD/Low-THC Effective 2015

Adult-use possession limit

Banned Home cultivation

No Medical patient housing protection

Federal baseline (uniform in Texas): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of Texas's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

Texas is one of the strictest states in the country on cannabis, and that works in a landlord's favor. There is no recreational legalization and no broad medical market, so nothing in Texas law forces you to allow marijuana on your property. Recreational possession is still a crime, and the state's narrow medical program does not create tenant housing rights. That leaves you with wide latitude to ban smoking, use, and cultivation through your lease. The main constraints come not from Texas but from federal rules if you accept Section 8 vouchers or manage public housing.

This page covers where Texas cannabis law stands in 2026, the authority you already hold to restrict it, the lease language that makes enforcement clean, and the federal wrinkle for assisted housing.

Texas Cannabis Legal Status

Texas is classified as Low-THC / CBD Only (effective 2015). The governing statute is Tex. Health & Safety Code § 487 (Compassionate Use Act, SB 339, 2015).

Landlord Authority in Texas

Cannabis is restricted in Texas.

Low-THC (≤1%) program only. No smokable flower. Recreational marijuana fully illegal.

Cannabis is illegal in Texas, recreational and (mostly) medical

Recreational marijuana remains illegal statewide in Texas as of 2026. Under Texas Health and Safety Code Section 481.121, possessing less than 2 ounces is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. More than 2 ounces up to 4 ounces is a Class A misdemeanor, and more than 4 ounces up to 5 pounds is a state jail felony. Prosecution requires a usable quantity.

Texas does run a limited Compassionate Use Program (CUP), created by the Compassionate-Use Act of 2015 and expanded by HB 1535 (2021) and HB 46 (2025). It authorizes low-THC medical products for qualifying patients, but it does not legalize smoking marijuana and does not give tenants any right to use cannabis in housing. Consumable hemp is legal for adults 21 and over only at or below 0.3% total THC, and even that is narrowing: smokable hemp flower and pre-rolls are prohibited at Texas retail as of March 31, 2026, and hemp vapes were banned in September 2025 under SB 2024. Bottom line: on a Texas rental, cannabis use is a controlled-substance issue, not a protected activity.

You have broad authority to ban smoking, use, and growing

Texas gives landlords strong footing here precisely because there is nothing to override. There is no Texas statute limiting your right to ban smoking or cannabis, and no off-duty-use or medical-cannabis housing protection like the ones some legalized states have enacted. Residential leases are governed by Texas Property Code Chapter 92, which contains no cannabis-tenant carve-out.

That means you can prohibit smoking of any kind, ban marijuana possession and use, and forbid cultivation as ordinary lease terms. Growing is especially clear-cut: home cultivation is illegal in Texas regardless of your lease, and the moisture, electrical load, and odor of a grow operation are legitimate property-damage and nuisance concerns. Because cannabis is a crime under Texas law, a tenant using it on your property may also be violating the lease's standard covenant against illegal activity, giving you an independent ground to act.

Write the lease clause explicitly, don't rely on 'illegal activity' alone

Even though Texas law is on your side, spell it out. A clause that says only "no illegal activity" invites arguments about odor, hemp products, and what the tenant claims to have known. Add a dedicated provision that: (1) prohibits smoking or vaping of tobacco, hemp, and marijuana anywhere in the unit and on the premises; (2) prohibits possession, use, sale, and cultivation of marijuana; and (3) states that violation is a material breach.

Smoke-related damage and odor remediation can be expensive, so tie the clause to your security deposit and repair provisions rather than treating it as a vague nuisance. If you allow smoking anywhere on a multi-unit property, define the location precisely. Applying the rule uniformly to every tenant protects you from selective-enforcement complaints and keeps the term enforceable under Chapter 92.

Section 8 and public housing: the federal rules control

If you accept Housing Choice Vouchers (Section 8) or manage public housing, federal law adds requirements Texas landlords cannot ignore. Marijuana is a Schedule I controlled substance under the federal Controlled Substances Act, illegal nationwide regardless of any state program.

HUD guidance (originating in a 2011 memo and reaffirmed since) bars admitting new marijuana users to federally assisted housing, but leaves the decision to evict existing tenants who use marijuana to the owner's or public housing authority's discretion. Separately, HUD's smoke-free public housing rule (effective July 30, 2018; 24 CFR Part 965, Subpart G) bans lit tobacco products, cigars, pipes, and hookahs inside all public housing units, common areas, and PHA offices, and within 25 feet of the buildings. That rule targets tobacco, but because marijuana is federally illegal it is not permitted in those units either. In short, assisted-housing landlords have at least as much authority to say no, and in some cases a federal obligation to do so.

Medical patients and enforcement in Texas

Unlike states with robust medical markets, Texas does not require you to accommodate a cannabis patient. The Compassionate Use Program covers only low-THC prescribed products and does not authorize smoking, and the federal Fair Housing Act's reasonable-accommodation duty does not require allowing a federally illegal drug. Courts and HUD have not required landlords to accommodate marijuana use, even by disabled tenants. You are on safe ground declining to make an exception.

For enforcement, treat a violation like any other material breach: document the odor, damage, or observed use, deliver written notice, and follow the Texas Property Code Chapter 92 and Chapter 24 eviction procedures. Because possession itself is a crime under Section 481.121, you generally do not need to prove property damage to establish a lease violation. Keep records consistent so your action holds up if the tenant contests it.

Medical Patient Housing Rules in Texas

Texas does not have statewide medical patient housing protection.

Medical cannabis patients in Texas may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.

Section 8 / HCV in Texas, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in Texas. Even though Texas has restricted cannabis, a Public Housing Authority in Texas must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Texas, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major Texas Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Texas rental markets:

Houston San Antonio Dallas Austin Fort Worth El Paso

Sources & Methodology

Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
Texas cannabis statute: Tex. Health & Safety Code § 487 (Compassionate Use Act, SB 339, 2015).
Landlord ban authority: Low-THC (≤1%) program only. No smokable flower. Recreational marijuana fully illegal.
Medical patient housing protection: Coded "No" for Texas based on the cited statute.

Related Guides for Texas Landlords

← Texas Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

Reviewed by the EvictionRiskMap research team against Texas Health and Safety Code Section 481.121, the Texas Property Code, the Texas Compassionate Use Program statutes (Compassionate-Use Act of 2015, HB 1535, HB 46), the federal Controlled Substances Act, and HUD's smoke-free public housing rule (24 CFR Part 965, Subpart G). Cannabis and hemp rules in Texas are changing quickly; confirm current statute text and consult a Texas attorney before acting on a specific tenancy. Last updated 2026.

Frequently Asked Questions

Is marijuana legal in Texas in 2026?

No. Recreational marijuana is illegal statewide. Under Texas Health and Safety Code Section 481.121, possessing less than 2 ounces is a Class B misdemeanor carrying up to 180 days in jail and a fine of up to $2,000. Texas has only a narrow medical Compassionate Use Program for low-THC products, which does not authorize smoking.

Can a Texas landlord ban marijuana and smoking in the lease?

Yes. No Texas statute limits your right to prohibit smoking, use, possession, or cultivation of cannabis. Residential leases fall under Texas Property Code Chapter 92, which has no cannabis-tenant protection. A clear lease clause banning smoking and marijuana is fully enforceable.

Do I have to accommodate a medical marijuana patient in my Texas rental?

No. The Texas Compassionate Use Program covers only prescribed low-THC products and does not authorize smoking. Because marijuana is federally illegal, the Fair Housing Act's reasonable-accommodation duty does not require you to allow it, even for a disabled tenant.

Can I evict a Section 8 tenant in Texas for using marijuana?

Generally yes, but it is discretionary. Marijuana is a Schedule I federal drug. HUD bars admitting new marijuana users to assisted housing but leaves eviction of existing users to the owner's or public housing authority's discretion. In public housing, HUD's smoke-free rule also bars smoking in the units.

Can a Texas tenant grow marijuana at home?

No. Home cultivation is illegal in Texas regardless of your lease. You should still ban cultivation explicitly in the lease, since a grow operation creates moisture, electrical, odor, and property-damage risks and gives you an independent ground to act.

Does the lease need a specific cannabis clause, or is a no-illegal-activity clause enough?

Add a specific clause. A general no-illegal-activity provision invites disputes over odor, hemp products, and notice. A dedicated term banning smoking, vaping, possession, use, and cultivation, and stating that violation is a material breach, is far easier to enforce.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Tex. Health & Safety Code § 487 (Compassionate Use Act, SB 339, 2015). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Texas attorney before making a lease, screening, or eviction decision involving cannabis.