Live Oak, TX Cannabis Regulations: Home Cultivation (2026)

Home cultivation of cannabis (marijuana) is illegal under Texas state law and therefore illegal in Live Oak. Texas Health and Safety Code 481.121 classifies possession of marijuana as a misdemeanor for usable quantities but Health and Safety Code 481.120 makes delivery and manufacture (which includes growing or cultivating plants) a felony offense. Possession of a single cannabis plant exposes the grower to felony charges, with penalty severity escalating by plant count and total weight. Texas has not legalized or decriminalized recreational cannabis and has no adult-use home cultivation framework. The state Compassionate Use Program allows low-THC cannabis for qualifying medical conditions only through licensed Texas Original and other state-authorized dispensaries; patients may not cultivate their own plants. Hemp plants (cannabis containing less than 0.3 percent THC by dry weight) are legal under the 2019 Texas hemp law, but only commercial growers licensed by the Texas Department of Agriculture may cultivate hemp for commercial purposes; residential hemp cultivation for personal use is a legal gray area and risks confusion with illegal marijuana under DPS field testing. Residents considering cannabis cultivation should consult a Texas criminal defense attorney about the serious legal exposure.