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Keller, TX Cannabis Regulations: Dispensary Zoning (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fact
Recreational dispensaries prohibited statewide
Fact
Only three state-licensed Compassionate Use dispensing organizations
Fact
Low-THC products limited to qualifying medical conditions
Fact
CBD below 0.3 percent THC regulated under Chapter 443
Fact
Local zoning cannot authorize marijuana retail against state law

Summary

Retail marijuana dispensaries are prohibited statewide under Texas Health and Safety Code 481, so none operate in Keller. Only three licensed Compassionate Use organizations dispense low-THC products.

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 p

Source: Texas Compassionate Use ProgramView official code

Full Breakdown

Because Texas has not legalized recreational or broad medical cannabis, Keller and other Texas municipalities have no authority to license or zone cannabis retail dispensaries in the sense familiar in states such as Colorado or California. Under Texas Health and Safety Code Chapter 481, distribution of marijuana outside of narrow exceptions is a felony. Zoning ordinances that purported to allow marijuana retail would conflict with state criminal law and would not provide any legal cover for operators. The Texas Compassionate Use Program, created under Occupations Code Chapter 169 and administered by the Department of Public Safety, licenses only three dispensing organizations statewide to cultivate, process, and dispense low-THC cannabis products to qualifying patients with conditions such as intractable epilepsy, multiple sclerosis, post-traumatic stress disorder, and qualifying cancer diagnoses.

Dispensing sites must meet strict security, product tracking, and testing requirements and are currently located in limited parts of the state; satellite pickup locations may operate with additional approvals. Local cities can adopt reasonable land use rules for any eventual Compassionate Use satellite if permitted, typically treating them similar to pharmacies with separation from schools, daycares, and similar sensitive uses. 3 percent THC and consumable hemp products are regulated under Texas Health and Safety Code Chapter 443 and sold by standard retailers like pharmacies and convenience stores, subject to state registration of manufacturers and retailers.

Frequently Asked Questions

Are there any marijuana dispensaries in Keller?
No, Texas prohibits recreational and broad medical cannabis dispensaries. Only three licensed Compassionate Use organizations operate statewide with limited pickup locations.
Can Keller allow a dispensary through zoning?
No, local zoning cannot override state criminal law. Marijuana distribution outside the Compassionate Use Program remains a felony under Health and Safety Code 481.
What about CBD and hemp stores?
CBD and consumable hemp products below 0.3 percent THC are legal when produced by registered manufacturers and sold by registered retailers under Chapter 443.

Sources & Official References

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