Beaumont, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Governing law
- Tex. Health & Safety Code ch. 481, ch. 487
- Possession 2 oz or less
- Class B misdemeanor
- Possession over 2,000 lb
- First-degree felony, life or 5-99 yrs
- Recreational dispensaries
- Not authorized anywhere in Texas
- Lawful cannabis retail
- DPS-licensed low-THC dispensing organizations only
- Local preemption
- Cities cannot ban low-THC cannabis, Sec. 487.201
Summary
Marijuana possession and delivery are crimes everywhere in Texas, including Beaumont, under Health & Safety Code Sec. 481.121 and Sec. 481.120. No zoning category exists for a recreational dispensary because none may lawfully operate here. The only legal cannabis retail statewide is a Department of Public Safety-licensed low-THC dispensing organization under Compassionate-Use Program chapter 487, and Sec. 487.201 bars Beaumont from prohibiting one.
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 the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
Full Breakdown
Beaumont enforces state law, not a local cannabis ordinance, because Texas has no municipal authority to license marijuana dispensaries. Health & Safety Code Sec. 121(a) makes it an offense to knowingly or intentionally possess a usable quantity of marihuana except as authorized by chapter 481. Sec. 121(b) grades the offense by weight: two ounces or less is a Class B misdemeanor, up to four ounces is a Class A misdemeanor, up to five pounds is a state jail felony, up to 50 pounds is a third-degree felony, up to 2,000 pounds is a second-degree felony, and anything above 2,000 pounds is a first-degree felony carrying up to life imprisonment and a fine of up to $50,000.
Sec. 120 separately criminalizes delivery, from a Class B misdemeanor for a quarter ounce given away up to a first-degree felony with a $100,000 fine for over 2,000 pounds. Because no recreational sale or possession is lawful, Beaumont has no dispensary-zoning ordinance to write. The single legal retail channel is a low-THC dispensing organization licensed by the Department of Public Safety under Compassionate-Use Program chapter 487, capped statewide at a department-set number of licensees under Sec. 104, and subchapter E, Sec. 201, expressly forbids Beaumont or Jefferson County from enacting any ordinance that prohibits the cultivation, storage, dispensing, or possession of low-THC cannabis authorized by that chapter.
Violations & Fines
Beaumont police and the Jefferson County district attorney prosecute under the state penalty schedule in Sec. 481.121(b): two ounces or less is a Class B misdemeanor, escalating through Class A misdemeanor, state jail felony, and third- and second-degree felonies to a first-degree felony above 2,000 pounds, punishable by 5 to 99 years or life and up to a $50,000 fine. Delivery under Sec. 481.120 carries its own felony ladder up to $100,000.
Frequently Asked Questions
Can Beaumont zone or permit a recreational marijuana dispensary?
What happens if someone is caught with marijuana in Beaumont?
Could Beaumont pass an ordinance banning a licensed low-THC dispensary?
Is there a defense for calling for help during a marijuana overdose in Beaumont?
Sources & Official References
Other rules in Beaumont
Texas rules heatmap·Compare Beaumont 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.