College Station, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Possession ≤ 2 oz
- Class B misdemeanor, Sec. 481.121(b)(1)
- Possession > 2,000 lbs
- First-degree felony, life or 99 yrs, $50,000 fine
- Delivery offense
- Class B misdemeanor to life felony, Sec. 481.120
- Lawful dispensary model
- DPS-licensed low-THC only, Sec. 487.101
- Local zoning ban
- Prohibited by Sec. 487.201
- College Station dispensary zoning district
- None exists
- Active licensed storefront in Brazos County
- None as of this writing
Summary
College Station cannot zone a marijuana dispensary of any kind because possessing any usable amount of marihuana is a crime under Tex. Health & Safety Code Section 481.121, ranging from a Class B misdemeanor to a first-degree felony. The only cannabis retail Texas law permits is a DPS-licensed low-THC dispensing organization under Chapter 487, and Section 487.201 bars the city from prohibiting or zoning against 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
Brazos County and College Station have no zoning category for a marijuana dispensary because Texas criminalizes marihuana possession and delivery statewide under Chapter 481 of the Health and Safety Code. 121 makes it an offense to knowingly or intentionally possess a usable quantity of marihuana, and the offense scales with 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 99 years and a $50,000 fine.
120 punishes delivery on the same sliding scale, from a Class B misdemeanor for giving away a quarter ounce or less up to a first-degree felony with a mandatory minimum for deliveries over 2,000 pounds. Because possessing or selling marihuana is a crime everywhere in the city, College Station has no zoning district, conditional-use permit, or distance buffer written for a marijuana dispensary: there is nothing lawful for the city to zone. The one cannabis retail model Texas allows is the Compassionate-Use Program created by Chapter 487.
105, and may sell only low-THC cannabis on a physician's prescription. 201, in the subchapter governing counties and municipalities, expressly bars College Station or Brazos County from enacting or enforcing any ordinance that prohibits the cultivation, production, storage, dispensing, or possession of low-THC cannabis authorized under the chapter. That preemption means the city could not zone a licensed low-THC dispensary out of town if one located here, though no DPS-licensed dispensing organization currently runs a storefront in Brazos County.
Violations & Fines
Possession and delivery of marihuana are enforced by College Station police and Texas DPS troopers under state law, not city ordinance, so charges run through Brazos County's courts, not municipal court. A Class B or A misdemeanor is heard in county court at law; state jail felonies and up go to district court. Running an unlicensed dispensing operation exposes the operator to felony delivery charges under Section 481.120 on top of any possession count, and a Chapter 487 licensee losing its DPS license under Section 487.108 must stop dispensing immediately.
Frequently Asked Questions
Can College Station zone a marijuana dispensary?
Is there any legal cannabis retail in College Station?
Can the city ban a licensed low-THC dispensary?
What is the penalty for possessing marijuana in College Station?
Sources & Official References
Other rules in College Station
Texas rules heatmap·Compare College Station to another location·View the Texas cannabis regulations overview
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