Home cultivation of cannabis is illegal in Baytown and throughout Texas. Texas law classifies marijuana as a controlled substance with no exception for personal growing. Possession of any amount is a criminal offense. The Texas Compassionate Use Program allows limited low-THC cannabis oil for qualifying patients but does not permit home growing.
Texas Health and Safety Code Chapter 481 classifies marijuana as a Schedule I controlled substance. Home cultivation of cannabis plants is illegal in Baytown and all of Texas regardless of quantity or intended use. There is no personal use exemption, medical growing license, or home cultivation allowance. Possession of a usable quantity of marijuana is a criminal offense ranging from a Class B misdemeanor (2 ounces or less) to a felony (over 4 ounces). Cultivation of any number of plants is treated as manufacturing a controlled substance, which is a felony under Texas Penal Code Section 481.113. The Texas Compassionate Use Act (HB 3703, 2019 expansion) permits registered dispensing organizations to produce low-THC cannabis (no more than 1% THC by weight) for patients with qualifying conditions including epilepsy, multiple sclerosis, and terminal cancer. However, patients cannot grow their own plants. All cannabis products must be obtained through a licensed dispensary. Contact Baytown PD at (281) 422-8371 for questions about controlled substance laws.
Cultivation of any cannabis plant is a felony offense in Texas classified as manufacturing a controlled substance. Penalties depend on the aggregate weight of plants: under 4 ounces is a state jail felony (180 days to 2 years); 4 ounces to 5 pounds is a third-degree felony (2 to 10 years); over 5 pounds is a second-degree felony (2 to 20 years). Fines up to $10,000 apply at each level.
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