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.
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.
Plant possession: Class B to felony based on weight. Manufacturing: state jail felony minimum (180 days-2 years). Federal Schedule I still applies.
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See how Travis County's home cultivation rules stack up against other locations.
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