Home marijuana cultivation is illegal statewide under Texas Health and Safety Code 481, with no personal or medical exception. Only three licensed Compassionate Use operators may cultivate low-THC cannabis.
Unlike states that have legalized recreational or broad medical cannabis, Texas continues to prohibit marijuana cultivation, possession, and distribution outside of narrow medical exceptions. Under Texas Health and Safety Code Chapter 481, marijuana is a Penalty Group 2-A equivalent controlled substance, and manufacturing or cultivation of marijuana is treated the same as possession based on the weight of the plant material. Possession or cultivation of any usable quantity is a state jail felony or higher depending on amount, with penalties ranging up to life imprisonment for large quantities. Keller does not and cannot legalize or tolerate home cultivation; local ordinances cannot authorize conduct that is a state crime. The Compassionate Use Program operated under Texas Occupations Code Chapter 169 and administered by the Department of Public Safety permits dispensing of low-THC cannabis products for specific medical conditions, but cultivation under that program is limited to three state-licensed Compassionate Use dispensing organizations that must meet strict security, inventory, and testing requirements. Individual patients cannot grow their own plants. Industrial hemp with a THC content of 0.3 percent or less is federally legal under the 2018 Farm Bill and Texas Agriculture Code Chapter 122, but requires a grower license from the Texas Department of Agriculture and is not the same as marijuana for personal use. Residents seeking relief should avoid attempting home cultivation.
Contact your local code enforcement office for specific penalty information.
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