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.
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.
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.
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