Killeen, TX Cannabis Regulations: Dispensary Zoning (2026)

Sec. 121(a) of the Texas Health and Safety Code makes it an offense to knowingly or intentionally possess a usable quantity of marihuana anywhere in the state, Killeen included, unless the chapter itself authorizes it, and it authorizes no retail sale. Subsection (b) grades that offense by weight: two ounces or less is a Class B misdemeanor, more than two but not more than four ounces is a Class A misdemeanor, more than four ounces up to five pounds is a state jail felony, more than five up to fifty pounds is a third-degree felony, more than fifty up to 2,000 pounds is a second-degree felony, and more than 2,000 pounds is a first-degree felony carrying up to life or 5 to 99 years and a fine of as much as $50,000; the Legislature added that top tier effective September 1, 2023.

A storefront stocked to sell marijuana would hold far more than a usable personal quantity, so it exposes the operator to the felony brackets in (b)(3) through (b)(6), on top of separate manufacture-and-delivery liability the statute does not carve any dispensary exception out of. Because state law treats the entire product line as contraband, Killeen's zoning ordinance (Ch. 31) has never defined or permitted a "dispensary" or "cannabis retail" use in any district, commercial or industrial, so there is no site plan, conditional use permit, or special exception a marijuana shop could apply for locally.

Killeen's separate marijuana-enforcement policy (Ch. 22, Art. V) limits when its own police cite or arrest for simple possession, but that internal enforcement priority does not authorize, license, or zone for any commercial marijuana business.