San Antonio, TX Cannabis Regulations: Personal Cultivation Limits (2026)
Key Facts
- State framework
- TX HSC Chapter 481
- Personal grow
- Prohibited at any count
- Medical grow
- Not allowed under CUP
- Felony floor
- State jail felony
- Local authority
- Preempted by state law
Summary
Texas Health and Safety Code Chapter 481 prohibits all personal cannabis cultivation. San Antonio cannot authorize home grows under home-rule authority, and any number of plants exposes the grower to felony manufacturing charges under state law.
(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
Full Breakdown
Texas Health and Safety Code Chapter 481 classifies marijuana as a Schedule I controlled substance and treats cultivation as manufacture of a controlled substance. Unlike Colorado, California, or New Mexico, Texas authorizes no personal home grow, no caregiver grow, and no medical home cultivation, even for patients enrolled in the narrow Compassionate Use Program. The Compassionate Use Program licenses three statewide dispensing organizations to cultivate low-THC cannabis for qualifying patients, with no provision for individuals to grow at home. San Antonio cannot opt out of state preemption and has no municipal cultivation permit. SAPD and Bexar County Sheriff continue to enforce manufacturing statutes, although District Attorney charging policies for low-level possession have evolved.
Violations & Fines
Manufacturing or possessing cannabis plants is a felony under TX HSC 481.120, scaling from state jail felony for under 4 ounces to first degree felony for over 2,000 pounds. Plants count by aggregate weight, not plant count, under Texas rules.
Frequently Asked Questions
Can I grow one cannabis plant at home in San Antonio?
What about hemp or CBD plants?
Sources & Official References
Other rules in San Antonio
Texas rules heatmap·Compare San Antonio to another location·View the Texas cannabis regulations overview
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