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.
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.
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.
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