Cannabis home cultivation is illegal in Denton and all of Texas. TX Health and Safety Code Ch. 481 classifies marijuana as Schedule I. Growing plants is charged as manufacture, typically a felony.
Texas Health and Safety Code Chapter 481, the Texas Controlled Substances Act, classifies marijuana as a Penalty Group substance with criminal penalties for possession, manufacture, and delivery. There is no legal allowance for home cultivation of cannabis in Denton or anywhere in Texas. Growing any number of marijuana plants constitutes manufacture of a controlled substance under Texas law. The aggregate weight of the plants, including roots, stems, and leaves, determines the penalty level. Possession of two ounces or less is a Class B misdemeanor. Possession of more than four ounces is a felony. The weight of multiple plants typically pushes the aggregate into felony territory. Texas has a very limited Compassionate Use Program under the Texas Compassionate Use Act (Health and Safety Code Chapter 487) that allows licensed dispensing organizations to provide low-THC cannabis with no more than one percent THC by weight to patients with qualifying conditions. However, this program does not authorize home cultivation under any circumstances. Denton City ordinances do not create any additional exceptions or allowances beyond state law. Local law enforcement and the Denton County District Attorney's Office prosecute marijuana offenses under state law. Denton County has not adopted any diversion or de facto decriminalization policy for marijuana possession.
Possession of 2 oz or less is a Class B misdemeanor (up to 180 days in jail, $2,000 fine). Possession of 2-4 oz is a Class A misdemeanor (up to 1 year, $4,000 fine). Over 4 oz is a state jail felony or higher depending on weight. Manufacturing charges apply to cultivation.
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