Midland, TX Cannabis Regulations: Dispensary Zoning (2026)

Texas Health and Safety Code Sec. 120 is the delivery statute, and it is the reason Midland has no zoning category for a marijuana dispensary: the underlying conduct a dispensary would perform, transferring marijuana to a customer, is itself a felony or misdemeanor under state law regardless of where in the city it happens. ' Subsection (a) criminalizes delivery generally, and Subsection (b) first splits the penalty by whether money changed hands. If one-fourth ounce or less is transferred with no payment, it is a Class B misdemeanor; the identical quantity delivered for payment becomes a Class A misdemeanor.

Above one-fourth ounce, remuneration no longer matters and the offense is graded purely by weight. More than one-fourth ounce but not more than five pounds is a state jail felony. Above five pounds but not more than fifty pounds is a second-degree felony, and above fifty pounds but not more than 2,000 pounds is a first-degree felony. At the top of the scale, more than 2,000 pounds is punishable by imprisonment for life or for a term of not more than 99 years or less than 10 years, plus a fine of up to $100,000, a full degree harsher than the equivalent quantity threshold under the possession statute, Sec.

121. Because a zoning code can only regulate a use that is lawful to operate, and Midland's ordinances contain no dispensary use classification, a storefront marijuana business has no path to a certificate of occupancy inside city limits: the state penal statute, not a local zoning decision, is what forecloses it.