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Killeen, TX Cannabis Regulations: Home Cultivation (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Tex. Health & Safety Code § 481.121
Home-grow exemption
none written into the statute
Possession ≤2 oz
Class B misdemeanor
Possession 4 oz-5 lbs
state jail felony
Only statutory defense
911 medical-emergency callers
Local ordinance
none regulates home cultivation

Summary

Growing marijuana at home in Killeen is not a protected activity; Texas Health and Safety Code Sec. 481.121 criminalizes possessing any usable quantity of marijuana, and a grower holding even a few plants' worth of harvested product faces the same misdemeanor or felony exposure as anyone else caught with it.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. ... (c) It is a defense to prosecution for an offense punishable under Subsection (b)(1) or (2) that the actor: (1) was the first person to request emergency medical assistance in response to the possible overdose of another person and: (A) made the request for medical assistance during an ongoing medical emergency; (B) remained on the scene until the medical assistance arrived; and (C) cooperated with medical assistance and law enforcement personnel; or (2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.

Source: Killeen Municipal CodeView official code

Full Breakdown

Sec. 121(a) makes it an offense to knowingly or intentionally possess a usable quantity of marihuana unless the chapter authorizes it, and the chapter carves out no home-grow allowance the way some states' laws do for a small number of personal plants. A home grower who harvests and dries their own crop is possessing a usable quantity the moment it is cured, and Sec. 121(b) grades that offense purely by weight, from a Class B misdemeanor at two ounces or less up to a first-degree felony above 2,000 pounds; a handful of mature plants can easily push a grower from misdemeanor into state-jail-felony territory once the harvested weight passes four ounces.

The statute's only built-in defense, in Sec. 121(c) through (e), is narrow and unrelated to cultivation: it protects someone who was the first to call for emergency medical help during a suspected drug overdose, or who was the overdose victim themselves, and only for a misdemeanor amount, and only if the caller stayed on scene and cooperated. That defense does not apply to a grower cited for the plants or product found during a search unrelated to a medical emergency call. Because possession itself is illegal regardless of source, Killeen has no local ordinance authorizing or regulating a home marijuana garden, and the city's marijuana-enforcement policy (Ch.

22, Art. V) limiting when Killeen police cite or arrest for simple possession does not extend to cultivation, which can implicate the manufacture provisions of the same chapter.

Violations & Fines

A home grower caught with cured or growing marijuana faces the same weight-based penalties as anyone else under Sec. 481.121(b), from a Class B misdemeanor at two ounces up to a first-degree felony above 2,000 pounds, and cultivation itself can additionally expose a grower to the chapter's manufacture offense, which the possession-only defense in Sec. 481.121(c) does not reach.

Frequently Asked Questions

Is it legal to grow a marijuana plant at home in Killeen?
No. Texas Health and Safety Code Sec. 481.121 makes possessing any usable quantity of marijuana a criminal offense, and the statute has no exception for a small number of home-grown plants, so a home grower faces the same weight-based penalties as anyone else caught with the drug.
How much marijuana can a home grower legally keep in Killeen?
None. There is no legal threshold. Sec. 481.121(a) criminalizes any usable quantity, and Sec. 481.121(b) simply sets the punishment level by weight, starting at a Class B misdemeanor for two ounces or less and rising to a state jail felony past four ounces.
Does Killeen's reduced marijuana enforcement policy cover home growers?
No. The Ch. 22, Art. V policy limits when Killeen police cite or arrest for simple misdemeanor possession; it does not address cultivation, which can trigger the manufacture offense under the same state chapter and is not softened by that local policy.

Sources & Official References

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