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San Antonio, TX Cannabis Regulations: Home Cultivation (2026)

Heavy Restrictions

Verified 1 month ago|Source: San Antonio Code of Ordinances →

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Key Facts

Status: Illegal — fully prohibited by Texas state law
State Law: TX Health & Safety Code § 481.121 (possession); § 481.112-113 (manufacture)
Preemption: Texas preempts all local marijuana regulation
Medical Only: Low-THC cannabis via Compassionate Use Program

Summary

Home cultivation of marijuana is illegal in San Antonio under Texas state law. Texas Health & Safety Code § 481.121 makes possession of marijuana a criminal offense, and cultivation constitutes manufacture under § 481.112-113. Texas does not distinguish between recreational and home-grown marijuana. Only licensed dispensaries under the Compassionate Use Program (CUP) may cultivate low-THC cannabis for registered patients.

Full Breakdown

San Antonio does not permit home cannabis cultivation under state law. Both recreational and medical marijuana growing are prohibited. Any cannabis plants found on residential property may be seized and the owner faces potential criminal penalties including fines and imprisonment. CBD hemp cultivation may have separate agricultural regulations.

Violations & Fines

Cultivation of any cannabis plants: misdemeanor or felony depending on quantity. Fines $500 to $5,000. Potential jail time for larger grows.

Frequently Asked Questions

Can I grow marijuana at home in San Antonio?

No. Marijuana cultivation is illegal under Texas Health & Safety Code § 481.112-113. Texas law fully preempts local governments from legalizing or decriminalizing marijuana. Penalties range from a Class B misdemeanor to a felony depending on the amount.

What about medical marijuana?

Texas has a limited Compassionate Use Program allowing low-THC cannabis for patients with qualifying conditions, but cultivation is restricted to licensed dispensing organizations. Home cultivation for any purpose remains illegal.

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San Antonio, TX Cannabis Regulations: Home Cultivation (2026)

Key Facts

Summary

Tex. Health & Safety Code § 481.121

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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