Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.
Under Texas Health & Safety Code Section 481.121, marijuana is a controlled substance and possession or cultivation is a criminal offense. Texas has no recreational program, no adult-use home grow, and no provision allowing patients to grow their own cannabis under the limited Compassionate Use Program. Cultivating even a single plant constitutes possession of the resulting plant material, with penalty levels keyed to weight: under 2 ounces is a Class B misdemeanor, while larger amounts escalate to felonies. Cities cannot legalize home cultivation, though several have adopted cite-and-release policies for low-level possession.
Under 2 oz: Class B misdemeanor (up to 180 days jail, $2,000 fine). Larger weights and cultivation operations are felonies with prison time.
See how Katy's home cultivation rules stack up against other locations.
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