Houston, TX Cannabis Regulations: Cannabis Delivery Rules (2026)
Key Facts
- Recreational delivery
- Felony statewide
- CUP delivery
- Allowed for registered patients
- Hemp/CBD delivery
- Legal under Ag Code 122
- Penalty range
- 180 days to life imprisonment
- Severity
- Strict at state level
Summary
Texas prohibits all recreational cannabis delivery. Compassionate Use Program low-THC products may be delivered to qualifying patients only by the three licensed dispensing organizations. Hemp-derived products under 0.3% delta-9 THC may be delivered legally under Texas Agriculture Code Chapter 122.
Sec. 487.104. ISSUANCE, RENEWAL, OR DENIAL OF LICENSE. (a) The department shall issue or renew a license to operate as a dispensing organization only if:(1) the department determines the applicant meets the eligibility requirements described by Section 487.102; and(2) issuance or renewal of the license is necessary to ensure reasonable statewide access to, and the availability of, low-THC cannabis for patients registered in the compassionate-use registry and for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.(b) Except as provided by Subsection (b-1), if the department denies the issuance or renewal of a license under Subsection (a), the applicant is entitled to a hearing. Chapter 2001, Government Code, applies to a proceeding under this section.
Full Breakdown
Recreational cannabis delivery is a felony in Texas under H&S Code Section 481.120, regardless of any local Houston ordinance. Only the three Compassionate Use Program dispensing organizations licensed under H&S Code Chapter 487 may deliver low-THC cannabis to patients on the Compassionate Use Registry, complying with DPS rules at 37 TAC Chapter 12. Hemp-derived products meeting the federal 2018 Farm Bill and Texas Agriculture Code Chapter 122 definition (under 0.3% delta-9 THC by dry weight) may be sold and delivered like any consumer product, subject to standard Houston business licensing. Delta-8 sits in contested space pending Texas litigation. Houston Police Department narcotics enforcement priorities have shifted toward distribution, not personal-use delivery interdiction.
Violations & Fines
Unlicensed cannabis delivery is a state-jail to first-degree felony under TX H&S Code Section 481.120 depending on quantity, with penalties of 180 days to life imprisonment plus fines up to $250,000.
Frequently Asked Questions
Can I order cannabis delivery in Houston?
What about delta-8 or CBD delivery?
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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