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Travis County, TX Cannabis Regulations: Dispensary Zoning (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Austin has its own dispensary zoning rules that differ from Travis County's county-level regulations. If you live in Austin, check the city-specific page instead.

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?
No. Texas counties, including Travis County, have no general zoning power, so there is no district map or conditional-use permit for cannabis dispensaries here. Location suitability is folded into the state license test under Tex. Health & Safety Code Sec. 487.102, which the Texas Department of Public Safety applies when it reviews an application.
What must a dispensing organization prove to get a state license?
Under Sec. 487.102 it must show the technical ability to cultivate and produce low-THC cannabis, the ability to secure staff and premises reasonably located for patient registry access, accountability controls preventing diversion, and the financial ability to operate for at least two years from its application date.
Which agency decides if a dispensary's location is acceptable?
The Texas Department of Public Safety, named as the 'department' in Chapter 487, makes that determination as part of the overall eligibility review, not a county planning office, since Travis County holds no zoning authority over land use in its unincorporated area.
When did this eligibility standard take effect?
Section 487.102 was added by Senate Bill 339 of the 84th Legislature and took effect June 1, 2015, and it remains the operative test the Department of Public Safety uses today to decide dispensing-organization license eligibility, including premises location.

Sources & Official References

Other rules in Travis County

All Travis County rules

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