Houston, TX Cannabis Regulations: Buffer Zones (2026)
Key Facts
- Buffer rule
- None in TX or Houston
- Houston zoning
- No traditional zoning code
- CUP sites
- No statewide buffer mandate
- CBD retailers
- Standard commercial rules only
- Severity
- Permissive: no rule exists
Summary
Houston has no cannabis dispensary buffer-zone rules because Texas does not authorize recreational dispensaries. Compassionate Use Program (CUP) sites operate as low-volume medical providers with no statewide school or daycare buffer mandate. Hemp/CBD retailers are treated as ordinary commercial uses.
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;(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and(6) a felony of th
Full Breakdown
Buffer zones in legalization states typically require dispensaries to sit 500 to 1,000 feet from schools, daycares, churches, or parks. Texas Health and Safety Code Chapter 487 governing the Compassionate Use Program imposes no statewide sensitive-use buffer on the three licensed dispensing organizations. Houston has no traditional zoning code, so it cannot regulate cannabis siting through use-district rules even if state law permitted dispensaries. Land use is controlled by deed restrictions, Chapter 42 development standards, and Chapter 28 building rules, none of which target cannabis. Hemp-derived CBD retailers operating under Texas Agriculture Code Chapter 122 face only standard commercial occupancy and signage requirements, plus any private deed-restriction limitations.
Violations & Fines
Not applicable. Without recreational dispensaries and without a Houston zoning code, no buffer-zone enforcement mechanism exists. CBD retailer compliance rests on deed restrictions and standard code-enforcement complaints.
Frequently Asked Questions
How far must a Houston dispensary sit from a school?
Do CBD shops need a buffer in Houston?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas cannabis regulations overview
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