Texas allows only three licensed Compassionate Use Program dispensing organizations statewide, and none are currently located in Denton County. Dispensary zoning is effectively a non-issue locally because the state program is extremely limited, capped at a small number of licensees, and restricted to low-THC cannabis products.
Cannabis dispensary operations in Denton County are governed entirely by the Texas Compassionate Use Act (SB 339, 2015, expanded by HB 1535, 2021). The program authorizes a very limited number of licensed dispensing organizations statewide to cultivate, process, and dispense low-THC cannabis (no more than 1 percent THC by weight) to registered patients with qualifying medical conditions including epilepsy, multiple sclerosis, terminal cancer, autism, PTSD, and all forms of cancer. As of the current program structure, only three dispensing organization licenses have been issued by the Texas Department of Public Safety, and these organizations serve the entire state. There are no licensed dispensaries currently located in Denton County. Because the state program is so limited, there are no local dispensary zoning ordinances in Denton County cities. Recreational cannabis dispensaries are illegal in Texas. Any future expansion of the Compassionate Use Program that resulted in additional dispensary locations would be subject to local zoning regulations, which would likely require conditional use permits in commercial zones and impose distance requirements from schools, parks, and residential areas similar to pharmacy or medical facility standards. Cities within Denton County have not enacted any specific cannabis dispensary zoning provisions because the state program does not currently create demand for local regulation.
Operating an unauthorized cannabis dispensary in Denton County is a felony under Texas Health and Safety Code Chapter 481. Penalties include imprisonment and fines consistent with drug manufacturing and delivery charges.
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