Montgomery County, TX Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Legal Status
- Felony under TX §481.120
- Medical Grow
- Not allowed (TCUP only dispensary)
- CBD Hemp
- TDA license required
- Enforcement
- Active countywide
- Forfeiture
- Property subject to seizure
Summary
Home cannabis cultivation is illegal throughout Montgomery County and Texas. Growing any amount is a state felony under Health & Safety Code §481.120. Only CBD under Compassionate Use is permitted.
Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. 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 ...
Full Breakdown
Texas Health & Safety Code §481.120 classifies cultivation of marijuana as manufacture of a controlled substance, a second-degree felony for any amount over 4 ounces (2 to 20 years prison, $10,000 fine), state jail felony for 4 ounces or less (180 days to 2 years). There is no exemption for personal or medical use. The Texas Compassionate Use Program (TCUP) allows low-THC (under 1%) cannabis only through licensed dispensaries, patients cannot grow their own. Montgomery County Sheriff and Conroe Police actively enforce; Conroe is not a decriminalization jurisdiction. Federal law (Controlled Substances Act) adds overlapping prohibition. Hemp (under 0.3% THC) cultivation requires TDA license under Agriculture Code Ch. 121 and is limited to registered producers, not homeowners.
Violations & Fines
Under 4 oz cultivation: state jail felony, 180 days to 2 years jail, up to $10,000. Over 4 oz: 2nd degree felony, 2-20 years. Over 5 lbs: 1st degree felony, 5-99 years. Property forfeiture possible.
Frequently Asked Questions
Can I grow my own medical marijuana in Texas?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas cannabis regulations overview
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