Texas made marijuana possession a felony after more than 70% of voters voted to legalize it.
Texas did reinstate rules that treat certain THC products as controlled substances.
Texas did not make all marijuana possession a felony; possession of 2 ounces or less of marijuana remains a Class B misdemeanor, for example. In addition, the vote was a Democratic primary proposition, not a statewide legalization referendum open to all voters.
In late July and August 2026, social media users circulated a claim that Texas made marijuana a felony after more than 70% of voters supported legalizing it.
“Texas just made weed a felony after over 70% of voters voted to legalize it. That’s what happens when incarceration rates go down and for-profit prisons start to lose money,” one Threads post (archived) read.
(Threads user @bigmike_muckenthaler)
The rumor spread on multiple social media platforms, including Instagram, LinkedIn, Bluesky, X and Facebook.
In short, it’s not true that Texas voters approved marijuana legalization in a statewide referendum, as social media posts suggested. In reality, voters taking part in the Democratic primary election in March 2026 were asked whether they supported legalizing cannabis for adults. The question appeared as a “survey” on Democratic primary ballots and was a nonbinding party proposition.
Also, Texas did not make all marijuana possession a felony. The change that took effect July 31, 2026, reinstated definitions under which manufactured delta-8 THC and certain other forms of THC were designated controlled substances. Possession of some of these products can result in felony charges. However, possession of 2 ounces or less of marijuana remains a Class B misdemeanor under Texas law. Moreover, the change didn’t originate with the vote in 2026. The disputed THC definitions dated back to 2021 and were reinstated in 2026 after several years of court proceedings.
As such, we have rated this claim as mostly false.
The vote was a Democratic primary proposition
The first part of the claim referred to a proposition that appeared on Democratic primary ballots on March 3, 2026. An official Harris County sample ballot identified it as “DEM – PROPOSITION 8” and asked voters whether “Texas should legalize cannabis for adults and automatically expunge criminal records for past low-level cannabis offenses.” Respondents could choose “for” or “against.”
The proposition received strong support. Official statewide results showed 80.1% in favor and 19.9% against. However, this was not a statewide referendum in which Texas voters decided to legalize marijuana. The question appeared on Democratic primary ballots only, and the result did not change state law.
Under Texas law, political parties can place nonbinding propositions (such as cannabis legalization) on their primary ballots. The process is described in the Texas Election Code, which allows a political party’s state executive committee to put a proposal on the primary ballot about specific legislation or another issue that could be included in the party’s platform or resolutions.
In other words, the cannabis question was not a statewide legalization referendum open to all Texas voters, but a nonbinding proposition presented statewide to Democratic primary voters. As such, the vote did not legalize marijuana or change Texas criminal law.
Texas did not make all weed possession a felony
The second part of the claim referred to restrictions on certain THC products that took effect July 31, 2026. According to the Texas Department of State Health Services, the change reinstated rules treating manufactured delta-8 THC and some other forms of THC as controlled substances.
Possession of certain controlled THC substances can carry felony penalties, but this did not mean Texas made all marijuana possession a felony. Under Texas law, possession of two ounces or less of marijuana remains a Class B misdemeanor, while larger amounts can carry more-serious penalties. Texas also continues to permit up to 0.3% delta-9 THC in consumable hemp products.
THC policy at issue dated from 2021
The policy at issue actually dated back several years. According to the Texas Supreme Court’s May 2026 decision, DSHS published the disputed schedules in 2021, seeking to treat manufactured delta-8 THC as a controlled substance.
Hemp businesses challenged the policy, and a court temporarily blocked it while the case continued. On May 1, 2026, the Texas Supreme Court ruled that state law did not prevent DSHS from classifying manufactured delta-8 THC as a controlled substance and reversed the injunction.
Following the ruling, DSHS reinstated the disputed definitions, effective July 31, 2026. The reinstated definitions are now facing a separate federal court challenge. On Aug. 9, a federal judge denied an emergency request to temporarily block the restrictions, while a request for a preliminary injunction remained pending. Therefore, although the Democratic primary vote happened in March and the restrictions took effect in July, the disputed policy dated back to 2021.
Bottom line
All in all, the claim had a kernel of truth. Democratic primary voters supported a nonbinding proposition calling for the legalization of cannabis, and possession of certain controlled THC products in Texas can lead to felony charges. However, Texas voters didn’t legalize marijuana and Texas didn’t later make all marijuana possession a felony. Finally, the THC policy at issue dated back to 2021 — several years before the 2026 vote.
