Denton County, TX Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Home Cultivation
- Illegal - felony offense
- State Law
- TX Health and Safety Code Ch. 481
- Compassionate Use
- Licensed dispensaries only, no home grow
- Hemp
- Legal with TDA license only
- THC Limit (Compassionate Use)
- 1% by weight maximum
Summary
Home cultivation of cannabis is illegal in Denton County and throughout Texas. Texas Health and Safety Code Chapter 481 classifies marijuana as a Penalty Group substance, and growing any amount is a felony offense. There are no local exceptions or home grow provisions anywhere in the state.
Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces.
Full Breakdown
Cannabis home cultivation is strictly prohibited in Denton County under Texas law. Texas Health and Safety Code Chapter 481 (the Texas Controlled Substances Act) classifies marijuana as a Schedule I controlled substance. Growing any amount of marijuana plants is treated as manufacturing or delivery of a controlled substance, which is a felony offense in Texas. Possession of fewer than 2 ounces of usable marijuana is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. Possession of 2 to 4 ounces is a Class A misdemeanor with up to one year in jail and a $4,000 fine.
Larger amounts escalate to state jail felony and higher charges. The Texas Compassionate Use Act (SB 339, expanded by HB 1535 in 2021) allows only licensed dispensing organizations to cultivate low-THC cannabis (no more than 1 percent THC by weight) for registered patients with qualifying conditions. This program does not authorize any home cultivation. There are no pending Texas legislative proposals that would legalize home cultivation. Denton County law enforcement, including the Denton County Sheriff's Office and the Denton County Drug Enforcement Task Force, actively enforces marijuana laws.
3 percent THC or less by dry weight) is legal under the 2018 Farm Bill and Texas HB 1325, but growing hemp requires a USDA-approved license through the Texas Department of Agriculture.
Violations & Fines
Growing any marijuana plants in Denton County is a felony. Penalties depend on the amount: under 5 pounds is a state jail felony (180 days to 2 years, up to $10,000 fine). Over 5 pounds carries second-degree felony charges (2 to 20 years, up to $10,000 fine). Over 50 pounds is a first-degree felony.
Frequently Asked Questions
Can I grow marijuana at home in Denton County?
Can I grow hemp at home in Denton County?
Sources & Official References
Other rules in Denton County
Texas rules heatmap·Compare Denton County to another location·View the Texas cannabis regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.