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.
Houston, TX
Smoke alarms in Houston dwellings are governed by Tex. Health & Safety Code Chapter 766 and the Houston Fire Code, which adopts the International Fire Code (...
Houston, TX
Houston has no city ordinance restricting lawn ornaments, statuary, or year-round decorations on residential property. With no zoning and limited aesthetic c...
Houston, TX
Houston has no city ordinance regulating residential inflatable holiday displays. Inflatable size, location, lighting, and motor noise are governed by subdiv...
Houston, TX
Houston has no municipal ordinance regulating holiday light displays. With no zoning and limited aesthetic regulation, holiday lighting is governed by deed r...
Houston, TX
Houston requires building permits for built-in outdoor kitchens that include gas lines, plumbing, electrical wiring, or structural roofs. Standalone freestan...
Houston, TX
Houston has no specific ordinance prohibiting residential smokers, pellet grills, or wood-fired ovens. Smoke nuisance complaints may be addressed under Chapt...
Side-by-side rule comparisons with other cities in Harris County.
See how other cities in Harris County handle home cultivation.
See how Houston's home cultivation rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.