Tomball, TX Cannabis Regulations: Home Cultivation (2026)
Key Facts
- Home Growing
- Illegal: felony offense
- Legal Status
- Schedule I controlled substance
- Medical Exception
- Low-THC oil via licensed dispensary only
- Cultivation Charge
- Manufacturing controlled substance
- Tomball PD
- (281) 351-5451
Summary
Home cultivation of cannabis is illegal in Tomball and throughout Texas. Texas law classifies marijuana as a controlled substance with no exception for personal growing. Cultivation of any number of plants is charged as manufacturing a controlled substance, a felony offense. The Texas Compassionate Use Program allows limited low-THC cannabis oil but does not permit home growing.
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 and Safety Code Chapter 481 classifies marijuana as a Schedule I controlled substance. Home cultivation of cannabis is illegal in Tomball and all Texas jurisdictions regardless of quantity or purpose. There is no personal use, medical, or recreational growing exemption. Cultivation of any number of plants constitutes manufacturing a controlled substance under Texas Health and Safety Code Section 481.113, a felony offense. Possession of usable marijuana ranges from a Class B misdemeanor for 2 ounces or less to a felony for amounts over 4 ounces. The Texas Compassionate Use Act permits licensed dispensing organizations to produce low-THC cannabis containing no more than 1% THC for patients with qualifying conditions, but patients cannot grow their own plants. All products must come from a state-licensed dispensary. Tomball Police Department can be reached at (281) 351-5451 for questions about controlled substance laws. Harris County may offer pretrial diversion for low-level possession, but cultivation remains a felony.
Violations & Fines
Cultivation of any cannabis plant is a felony in Texas. Under 4 ounces aggregate weight is a state jail felony with 180 days to 2 years imprisonment and up to $10,000 fine. 4 ounces to 5 pounds is a third-degree felony with 2 to 10 years. Over 5 pounds is a second-degree felony with 2 to 20 years. Plants are weighed in their entirety including roots and stems.
Frequently Asked Questions
Can I grow cannabis at home in Tomball?
Does Texas allow medical marijuana home growing?
What are the penalties for growing cannabis in Texas?
Sources & Official References
Other rules in Tomball
Texas rules heatmap·Compare Tomball to another location·View the Texas cannabis regulations overview
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Home Cultivation in Nearby Cities
How other cities in Harris County handle home cultivation.