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.
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.
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.
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Side-by-side rule comparisons with other cities in Harris County.
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