Recreational and medical marijuana dispensaries are banned statewide. Only three TCUP-licensed low-THC dispensaries operate in Texas, none in Montgomery County. CBD and hemp retail under 0.3% THC is legal.
Texas prohibits cannabis dispensaries except the three Compassionate Use Program licensees statewide (Goodblend, Fluent, Surterra) — none have retail locations in Montgomery County; patients receive deliveries. Any unlicensed cannabis sale constitutes delivery of a controlled substance under Health & Safety Code §481.120, a felony with penalties escalating by quantity. CBD hemp products under 0.3% THC are legal for retail sale per Texas Agriculture Code Ch. 122 and sold at smoke shops, gas stations, and wellness stores in Conroe, The Woodlands, Willis, Magnolia, and Porter. Delta-8 THC products exist in a gray area following state court rulings blocking DSHS bans. Montgomery County and its cities have no zoning to permit dispensaries because state law bars them. THC vape pens, marijuana edibles, and flower remain illegal for sale.
Unlicensed cannabis delivery under 1/4 oz (gift): Class B misdemeanor, 180 days, $2,000. Over 1/4 oz: felony levels escalating to life (over 2,000 lbs). Property forfeiture, business license revocation, federal exposure.
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See how Montgomery County's dispensary zoning rules stack up against other locations.
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