Travis County, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Governing law
- Tex. Health & Safety Code Sec. 487.102
- Zoning authority
- None; Travis County has no zoning power
- Licensing agency
- Texas Department of Public Safety
- Financial requirement
- Operate at least two years from application date
- Effective date
- June 1, 2015 (SB 339, 84th Legislature)
Summary
In unincorporated Travis County, no zoning ordinance governs where a cannabis dispensary can locate because Texas counties hold no zoning power. Instead, Tex. Health & Safety Code Sec. 487.102 sets the state licensing test a compassionate-use dispensing organization must meet, including that its premises be reasonably located for patient registry access, before the Texas Department of Public Safety will issue a license.
An applicant for a license to operate as a dispensing organization is eligible for the license if: (1) as determined by the department, the applicant possesses: (A) the technical and technological ability to cultivate and produce low-THC cannabis; (B) the ability to secure: (i) the resources and personnel necessary to operate as a dispensing organization; and (ii) premises reasonably located to allow patients listed on the compassionate-use registry access to the organization through existing infrastructure; (C) the ability to maintain accountability for the raw materials, the finished product, and any by-products used or produced in the cultivation or production of low-THC cannabis to prevent unlawful access to or unlawful diversion or possession of those materials, products, or by-products; and (D) the financial ability to maintain operations for not less than two years from the date of application; (2) each director, manager, or employee of the applicant is registered under Subchapter D; and (3) the applicant satisfies any additional criteria determined by the director to be necessary to safely implement this chapter.
Full Breakdown
Texas counties, including Travis County, were never granted the general zoning authority that Local Government Code Chapter 211 gives cities, so the county's Unified Development Code contains no cannabis-specific use classification, district table or conditional-use permit for a dispensing organization. Site suitability instead lives inside the state's Compassionate-Use Act licensing test. Sec. 102 makes an applicant eligible for a dispensing-organization license only if the Texas Department of Public Safety (the 'department') determines the applicant possesses the technical and technological ability to cultivate and produce low-THC cannabis; the ability to secure the resources and personnel to operate and premises reasonably located to let patients on the compassionate-use registry reach the facility through existing infrastructure; the ability to account for raw materials, product and by-products so none is diverted; and the financial ability to run the operation for at least two years from the date of application.
Every director, manager and employee of the applicant must also be registered under Subchapter D, and the applicant must satisfy any further criteria the department's director sets to safely administer the chapter. Because these are licensing criteria and not a zoning map, an unincorporated-area landowner cannot get county approval, a variance or a conditional-use permit for a dispensary: the only path is a state license. The eligibility test took effect June 1, 2015, under Senate Bill 339 of the 84th Legislature, and it still controls where a licensed organization's premises can be, since 'reasonably located' for patient access is judged by the department, not by a county zoning board.
Violations & Fines
There is no county citation process here: Travis County issues no zoning permit to violate. At the state level, the department can deny, refuse to renew, or revoke a dispensing-organization license the moment an applicant or licensee falls short of Sec. 487.102's four-part eligibility test, and operating without meeting it exposes the business to loss of its Compassionate-Use Program license rather than a county code-enforcement fine.
Frequently Asked Questions
Does Travis County zone where a marijuana dispensary can open?
What must a dispensing organization prove to get a state license?
Which agency decides if a dispensary's location is acceptable?
When did this eligibility standard take effect?
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas cannabis regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.