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College Station, TX Cannabis Regulations: Dispensary Zoning (2026)

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

Source: College Station Code of OrdinancesView official code

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?
No. Recreational marijuana dispensing has no legal zoning category in College Station because possessing or selling marihuana is a state crime under Tex. Health & Safety Code Sections 481.121 and 481.120. There is no lawful recreational business for the city to zone, permit, or license, so the Unified Development Ordinance contains no dispensary use classification at all.
Is there any legal cannabis retail in College Station?
Only a DPS-licensed low-THC dispensing organization operating under Health and Safety Code Chapter 487. It may sell cannabis to patients holding a physician's prescription through the state's Compassionate-Use Program after passing licensing and background checks under Sections 487.101 and 487.105. No such licensed dispensing organization currently runs a retail storefront in Brazos County.
Can the city ban a licensed low-THC dispensary?
No. Section 487.201 bars any municipality or county, including College Station, from enacting or enforcing a rule, ordinance, or resolution that prohibits the cultivation, production, storage, dispensing, or possession of low-THC cannabis authorized under Chapter 487, so a licensed dispensing organization could not be zoned out of the city.
What is the penalty for possessing marijuana in College Station?
Under Section 481.121, possessing two ounces or less is a Class B misdemeanor and four ounces or less is a Class A misdemeanor. Amounts above that escalate through state jail felony, third-degree, and second-degree felony tiers, reaching a first-degree felony punishable by up to 99 years and a $50,000 fine for more than 2,000 pounds.

Sources & Official References

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