Austin, TX Cannabis Regulations: Personal Cultivation Limits (2026)
Key Facts
- Home grow
- Prohibited statewide
- Plant limit
- Zero: any plant illegal
- Patient grow
- Not allowed under CUP
- Hemp grow
- License required, not personal
- Severity
- Strict criminal prohibition
Summary
Texas prohibits personal cannabis cultivation entirely. Austin cannot authorize home grows under home-rule authority while state law treats marijuana possession and manufacture as criminal offenses. Austin Prop A deprioritizes low-level enforcement but does not legalize cultivation.
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.
Full Breakdown
Texas Health & Safety Code Sections 481.120 and 481.121 criminalize manufacture and possession of marijuana with no personal home-cultivation exception. Even one mature plant counts as manufacture or possession of usable marijuana, with charging tier scaling on aggregate weight and any concentrate. The Compassionate Use Program under Chapter 487 does not authorize patient home cultivation; only the three licensed dispensing organizations may produce low-THC product. Hemp cultivation under Texas Agriculture Code Chapter 122 requires a Department of Agriculture license and is not a personal-grow path. Austin Proposition A directs police to deprioritize low-level marijuana cases but does not change state law.
Violations & Fines
Cultivation is charged as marijuana manufacture or possession of usable marijuana under TX H&S Code Sections 481.120 and 481.121, ranging from Class B misdemeanor to first-degree felony depending on quantity and concentrate involvement.
Frequently Asked Questions
Can I grow a single cannabis plant at home in Austin?
Does Austin Prop A allow home cultivation?
Sources & Official References
Other rules in Austin
Texas rules heatmap·Compare Austin to another location·View the Texas cannabis regulations overview
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