Montgomery County, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Rec Dispensary
- Banned statewide
- Medical (TCUP)
- 3 licensees, delivery only
- County Zoning
- Not possible under state law
- CBD/Hemp
- Under 0.3% THC legal
- Delta-8
- Gray area, court challenges
Summary
Recreational and medical marijuana dispensaries are banned statewide. Only three TCUP-licensed low-THC dispensaries operate in Texas, none in Montgomery County. CBD and hemp retail under 0.3% THC is legal.
Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana; (2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana; (3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce ...
Full Breakdown
Texas prohibits cannabis dispensaries except the three Compassionate Use Program licensees statewide (Goodblend, Fluent, Surterra): none have retail locations in Montgomery County; patients receive deliveries. Any unlicensed cannabis sale constitutes delivery of a controlled substance under Health & Safety Code §481.120, a felony with penalties escalating by quantity. CBD hemp products under 0.3% THC are legal for retail sale per Texas Agriculture Code Ch. 122 and sold at smoke shops, gas stations, and wellness stores in Conroe, The Woodlands, Willis, Magnolia, and Porter. Delta-8 THC products exist in a gray area following state court rulings blocking DSHS bans. Montgomery County and its cities have no zoning to permit dispensaries because state law bars them. THC vape pens, marijuana edibles, and flower remain illegal for sale.
Violations & Fines
Unlicensed cannabis delivery under 1/4 oz (gift): Class B misdemeanor, 180 days, $2,000. Over 1/4 oz: felony levels escalating to life (over 2,000 lbs). Property forfeiture, business license revocation, federal exposure.
Frequently Asked Questions
Are there any dispensaries in Montgomery County?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas cannabis regulations overview
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