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.
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.
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.
Austin, TX
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