Harris County, TX Cannabis Regulations: Buffer Zones (2026)
Key Facts
- County buffer rules
- None and preempted
- State licenses
- Three Compassionate Use dispensers
- DPS siting rules
- 37 TAC chapter 12
- Drug-free zones
- TX H&S 481.134 enhances penalties
Summary
Harris County has no cannabis buffer-zone rules because Texas does not license recreational dispensaries. The state Compassionate Use Program issued only three medical dispensers statewide, all subject to Texas DPS site standards rather than local school or park buffer ordinances.
Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds ...
Full Breakdown
Buffer-zone ordinances limiting cannabis retail near schools, parks, daycares, or churches do not exist in Harris County because Texas Health and Safety Code chapter 481 still treats recreational marijuana as a controlled substance and only the Compassionate Use Program under chapter 487 licenses cannabis dispensaries. Texas DPS issued three dispensing organizations statewide, none located in Harris County. Texas DPS rules in 37 Texas Administrative Code chapter 12 govern security and siting of those facilities, not local buffer zones. CBD and consumable hemp retailers under Health and Safety Code chapter 443 face no buffer requirements. Harris County is preempted from creating cannabis buffer rules absent a state recreational market.
Violations & Fines
No county buffer-zone violation exists. Operating a recreational cannabis business near a school is a state-jail felony or higher under Health and Safety Code 481, with enhanced penalties for drug-free zone offenses under section 481.134.
Frequently Asked Questions
Are there cannabis buffer zones around Harris County schools?
Do CBD shops have buffer-zone rules in Harris County?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas cannabis regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.