Cannabis cultivation is illegal in Texas under the Texas Health and Safety Code Chapter 481 (Texas Controlled Substances Act). There is no home cultivation exemption for recreational or medical use. The Texas Compassionate Use Program allows only licensed dispensing organizations to cultivate low-THC cannabis (under 1% THC) for qualifying patients. Austin voters approved Proposition A in May 2020 directing police to deprioritize low-level marijuana possession, but cultivation remains a felony under state law.
Home cultivation of cannabis in Austin is governed by Texas state cannabis regulations. In states where adult-use cannabis is legal, residents 21 and older may typically grow 4–6 plants per household in a private, enclosed area. Plants must not be visible from public spaces without visual aids. Growing areas must be secured against access by minors. Austin may impose additional local restrictions including indoor-only cultivation requirements, prohibition of outdoor growing, or total local bans on home cultivation where state law permits. Cultivation for sale without a commercial license is prohibited. Odor from cannabis plants that creates a public nuisance may violate Austin's nuisance ordinance. Rental properties and HOAs may have their own prohibitions regardless of local law.
Exceeding plant limits: $250–$1,000 fine and plant seizure. Visible cultivation from public: $100–$500 fine. Cultivation in prohibited areas (local ban): $500–$2,500 fine. Sale without license: criminal charges.
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See how Austin's home cultivation rules stack up against other locations.
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