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Harris County, TX Cannabis Regulations: Personal Cultivation Limits (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Personal grow limit
Zero plants statewide
Statute
TX H&S 481.121
Two-ounce threshold
Class B misdemeanor floor
Compassionate Use
Three licensees only

Summary

Texas Health and Safety Code section 481.121 makes any marijuana cultivation a criminal offense in Harris County. Even a single plant is illegal. The Compassionate Use Program lets only three licensed dispensers grow medical low-THC cannabis. Personal cultivation carries felony penalties countywide.

City-specific rules exist: Houston has its own personal cultivation limits rules that differ from Harris County's county-level regulations. If you live in Houston, check the city-specific page instead.

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANAGoReset Texas Constitution and Statutes chevron_right Texas Constitution chevron_right Agriculture Code chevron_right Alcoholic Beverage Code chevron_right Auxiliary Water Laws chevron_right Business & Commerce Code chevron_right Business Organizations Code chevron_right Civil Practice and Remedies Code chevron_right Code of Criminal Procedure chevron_right Education Code chevron_right Election Code chevron_right Estates Code chevron_right Family Code chevron_right Finance Code chevron_right Government Code chevron_right Health and Safety Code chevron_right Human Resources Code chevron_right Insurance Code chevron_right Insurance Code - Not Codified chevron_right Labor Code chevron_right Local

Source: TX H&S Code 481.121View official code

Full Breakdown

Texas Health and Safety Code chapter 481 classifies marijuana as a controlled substance, and section 481.121 makes possession of any usable amount a criminal offense, with two ounces or less a Class B misdemeanor and larger amounts climbing to felony. Cultivation is treated as manufacture and possession of usable plant material. Even a single mature plant typically exceeds two ounces, triggering felony exposure. The Compassionate Use Program under chapter 487 lets only three licensed dispensing organizations cultivate medical cannabis. Harris County District Attorney Kim Ogg deprioritizes low-level prosecutions, but cultivation remains chargeable. Hemp under Health and Safety Code chapter 122 is legal only at federally compliant levels by licensed farmers.

Violations & Fines

Cultivating a single mature marijuana plant typically constitutes manufacture and possession of more than four ounces, triggering a state-jail felony under Health and Safety Code 481.121, with fines up to ten thousand dollars and six months to two years imprisonment.

Frequently Asked Questions

Can I grow one marijuana plant at home in Harris County?
No. Texas Health and Safety Code 481.121 prohibits any marijuana cultivation, treating it as manufacture and possession. Even one mature plant generally exceeds two ounces, triggering felony charges. Harris County offers no personal-grow allowance.
Is hemp cultivation legal in Harris County backyards?
Only with a Texas Department of Agriculture license under Health and Safety Code chapter 122. Personal hobby hemp cultivation without a license is illegal. The hemp must contain less than 0.3 percent delta-9 THC under federal and state rules.

Sources & Official References

Other rules in Harris County

All Harris County rules

Texas rules heatmap·Compare Harris County to another location·View the Texas cannabis regulations overview

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