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.
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.
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.
San Antonio, TX
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San Antonio, TX
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See how San Antonio's personal cultivation limits rules stack up against other locations.
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