Austin, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- State Law
- Texas Compassionate Use Act (2015, expanded 2021)
- Licensed Dispensaries
- Only 3 statewide as of 2025
- Austin Locations
- None currently operating
- THC Limit
- Under 1% THC
- Local Zoning
- Preempted by state licensing
Summary
Texas law strictly limits cannabis dispensaries to licensed Compassionate Use Program organizations dispensing low-THC cannabis (under 1% THC). As of 2025 only three licensed dispensaries operate statewide and none are located in Austin. Local zoning for cannabis dispensaries is effectively preempted by state licensing requirements. Austin has no local dispensary zoning ordinance because the state controls all licensing and siting of compassionate use dispensaries.
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
Cannabis dispensary zoning in Austin follows Texas state licensing requirements supplemented by local land use controls. Dispensaries are typically permitted in commercial and industrial zones through conditional use permits. Buffer zone requirements mandate minimum distances from sensitive uses: 500–1,000 feet from schools and daycare centers, 300–500 feet from parks and playgrounds, 300–1,000 feet from churches, and 500–1,000 feet from other dispensaries. Operating hours are typically limited to 8 AM–10 PM. Security requirements include surveillance cameras, alarm systems, and controlled entry. Consumption lounges (where permitted by state law) face additional restrictions. Austin may cap the total number of dispensary licenses or impose moratoria on new applications.
Violations & Fines
Operating without local permit: $1,000–$10,000 per day. Buffer zone violations: denial or revocation of conditional use permit. Security deficiencies: 30-day compliance order, then suspension.
Frequently Asked Questions
Are there cannabis dispensaries in Austin?
Can Austin create its own dispensary zoning rules?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas cannabis regulations overview
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