Little Elm, TX Cannabis Regulations: Home Cultivation (2026)

Cannabis home cultivation is illegal in Little Elm under both Texas state law and local ordinance. Texas Health and Safety Code Chapter 481, the Texas Controlled Substances Act, classifies marijuana as a Penalty Group substance. Possession of two ounces or less is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. Possession of two to four ounces is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine. Larger quantities carry felony charges. Cultivation of any amount is treated as manufacture under Texas law, carrying enhanced penalties. The Texas Compassionate Use Act (SB 339, 2015, expanded by HB 1535, 2021) allows licensed dispensaries to provide low-THC cannabis (0.5 percent THC or less) to patients registered with the Compassionate Use Registry of Texas for qualifying conditions including epilepsy, multiple sclerosis, terminal cancer, autism, PTSD, and certain other conditions. However, the Compassionate Use Program does not authorize home cultivation under any circumstances. Hemp (containing 0.3 percent THC or less) is legal under federal and Texas law but growing hemp requires a USDA-approved license through the Texas Department of Agriculture.