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Harris County, TX Cannabis Regulations: Buffer Zones (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Houston has its own buffer zones rules that differ from Harris County's county-level regulations. If you live in Houston, check the city-specific page instead.

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 ...

Source: TX Health and Safety Code 487View official code

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?
No. Texas does not license recreational cannabis dispensaries, so no buffer zones exist. State Penal Code drug-free zone rules under Health and Safety Code 481.134 enhance penalties for illegal drug activity near schools, parks, and daycares.
Do CBD shops have buffer-zone rules in Harris County?
No. Consumable hemp products under Texas Health and Safety Code chapter 443 are state-licensed by DSHS without buffer rules. Local zoning may treat smoke shops as commercial uses but cannot impose cannabis-specific buffers.

Sources & Official References

Other rules in Harris County

All Harris County rules

Texas rules heatmap·Compare Harris County to another location·View the Texas cannabis regulations overview

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