Travis County, TX Cannabis Regulations: Home Cultivation (2026)
Key Facts
- State Law
- TX H&S §481.121
- Home Grow
- Illegal
- TCUP
- 3 licensed cultivators
- Austin Prop A
- Enforcement deprioritized
- Hemp
- TDA license, under 0.3% THC
Summary
Cannabis home cultivation is illegal in Texas. TX Health & Safety Code §481.121 makes possession of any marijuana plant a criminal offense. Only TCUP (Texas Compassionate Use Program) dispensaries can cultivate low-THC cannabis for medical patients.
Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds.
Full Breakdown
Texas Health & Safety Code §481.121 criminalizes possession of marijuana including live plants at escalating severity: under 2 oz Class B misdemeanor (up to 180 days, $2,000); 2-4 oz Class A; 4 oz-5 lb state jail felony; and higher weights as felonies. Cultivation is prosecuted as manufacturing under §481.120 with stiffer penalties. The Texas Compassionate Use Program (§487) allows only three licensed dispensing organizations (Compassionate Cultivation in Austin, Surterra/Parallel, and Fluent) to cultivate low-THC (under 1% THC) cannabis for qualified patients. Austin voters passed Proposition A in 2022 deprioritizing low-level marijuana enforcement within city limits, but this does not legalize possession or cultivation, state law still controls. Hemp (under 0.3% THC) cultivation requires TDA license under TX Ag Code §121.
Violations & Fines
Plant possession: Class B to felony based on weight. Manufacturing: state jail felony minimum (180 days-2 years). Federal Schedule I still applies.
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas cannabis regulations overview
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