Home cultivation of marijuana is illegal in Houston and throughout Texas. Possession of any amount of marijuana is a criminal offense under the Texas Controlled Substances Act. Texas does not allow home cultivation for medical or recreational purposes.
Under the Texas Controlled Substances Act (Health & Safety Code Ch. 481), marijuana is classified in Penalty Group with specific penalties under Sections 481.120 and 481.121. Possession of any amount is a criminal offense. There is no legal home cultivation for recreational or medical use. The Texas Compassionate Use Act (Occupations Code Ch. 169) allows only licensed dispensing organizations to cultivate low-THC cannabis for qualified patients. Effective March 31, 2026, Texas banned smokeable hemp products (rolled joints, flower buds) under new DSHS regulations, capping total THC at 0.3%. Harris County offers a diversion program for possession of less than 4 ounces, but this is a prosecutorial policy, not legalization. Houston cannot legalize cannabis at the municipal level due to state preemption.
Possession of under 2 oz: Class B misdemeanor, up to 180 days jail, $2,000 fine. 2-4 oz: Class A misdemeanor, up to 1 year jail, $4,000 fine. 4 oz-5 lbs: State jail felony, 180 days-2 years. Cultivation charges depend on amount grown.
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