Midland, TX Cannabis Regulations: Home Cultivation (2026)

Texas Health and Safety Code Sec. 121 is a possession statute, not a cultivation-specific one, so growing marijuana inside a Midland home carries no separate legal status: the instant a plant yields what Subsection (a) calls 'a usable quantity of marihuana,' the grower has committed the same offense as someone who bought it on the street. Midland has adopted no municipal ordinance addressing marijuana cultivation (a check of the city's Code of Ordinances for 'marijuana,' 'marihuana,' and 'cannabis' turns up nothing), so this state statute is the entire legal framework a resident who grows the plant is subject to inside city limits.

Subsection (b) grades the offense purely by weight, across six tiers. Two ounces or less is a Class B misdemeanor. More than two ounces but not more than four ounces is a Class A misdemeanor. More than four ounces but not more than five pounds, an amount a handful of mature plants can easily produce, is a state jail felony. Above five pounds but not more than fifty pounds is a third-degree felony; above fifty pounds but not more than 2,000 pounds is a second-degree felony; and any amount over 2,000 pounds is punishable by imprisonment for life or for a term of not more than 99 years or less than five years, plus a fine of up to $50,000.

Because the statute counts the plant material's total usable weight rather than a per-dose amount, an indoor grow of several flowering plants can move a home cultivator from misdemeanor into felony territory well before harvest is complete, with no threshold anywhere in the statute that exempts personal use, a fixed number of plants, or cultivation confined to a private residence.