Tomball, TX Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Recreational Dispensaries
- Not permitted in Texas
- Legal Program
- Compassionate Use only
- Tomball Dispensaries
- None
- Zoning Provision
- No cannabis use category
- Tomball PD
- (281) 351-5451
Summary
Texas does not permit recreational cannabis dispensaries. Only state-licensed Compassionate Use dispensing organizations may legally distribute cannabis products, and none operate in Tomball. The city's zoning ordinance does not include cannabis retail as a permitted use in any district.
CHAPTER 487. TEXAS COMPASSIONATE-USE ACT. Sec. 487.001. DEFINITIONS. In this chapter: (1) 'Department' means the Department of Public Safety. (2) 'Director' means the public safety director of the department. (3) 'Dispensing organization' means an organization licensed by the department to cultivate, process, and dispense low-THC cannabis to a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code. (4) 'Low-THC cannabis' has the meaning assigned by Section 169.001, Occupations Code. ... SUBCHAPTER B. DUTIES OF DEPARTMENT. Sec. 487.051. DUTIES OF DEPARTMENT. The department shall administer this chapter. ... Sec. 487.053. LICENSING OF DISPENSING ORGANIZATIONS AND REGISTRATION OF CERTAIN ASSOCIATED INDIVIDUALS.
Full Breakdown
Texas does not permit recreational cannabis dispensaries. The only legal cannabis distribution is through the Compassionate Use Program administered by the Texas Department of Public Safety. Only a handful of licensed dispensing organizations operate statewide, and none are located in Tomball. Tomball's zoning ordinance does not include cannabis retail or dispensary as a permitted, conditional, or special use in any zoning district. Local governments in Texas cannot authorize cannabis operations beyond what state law permits. If a Compassionate Use dispensary sought to locate in Tomball, it would need state DPS licensing and city zoning compliance for the applicable commercial use category. The dispensary would also need to comply with the city's commercial site plan and building permit requirements. Tomball's Historic Old Town district has additional architectural and use standards that may affect commercial operations. Contact the Building Department at (281) 290-1012 for zoning inquiries.
Violations & Fines
Operating an unauthorized cannabis dispensary is a felony under Texas law. Distribution of marijuana outside the Compassionate Use Program is prosecuted as delivery of a controlled substance. Penalties range from a state jail felony to a first-degree felony depending on quantity. Contact Tomball PD at (281) 351-5451.
Frequently Asked Questions
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Sources & Official References
Other rules in Tomball
Texas rules heatmap·Compare Tomball to another location·View the Texas cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in Harris County handle dispensary zoning.