Houston, 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. Houston cannot authorize home grows under home-rule authority while state law treats marijuana possession and manufacture as criminal offenses. Hemp cultivation requires a Texas Department of Agriculture license and is not a personal-grow exception.
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;(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and(6) a felony of th
Full Breakdown
Texas Health and 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 state license, registered acreage, THC testing, and is not available as a casual personal-grow path. Houston has no decriminalization measure that would lower local enforcement priority for cultivation, and HPD continues to file cases on grow operations.
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.
Frequently Asked Questions
Can I grow a single cannabis plant at home in Houston?
Can a CUP patient grow their own low-THC cannabis?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas cannabis regulations overview
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