Cannabis Regulations in Austin, TX (2026)
5 verified cannabis regulations for Austin, Texas, sourced directly from the municipal code and official government pages.
Verified from official government sources
Home Cultivation
Cannabis cultivation is illegal in Texas under the Texas Health and Safety Code Chapter 481 (Texas Controlled Substances Act). There is no home cultivation exemption for recreational or medical use. The Texas Compassionate Use Program allows only licensed dispensing organizations to cultivate low-THC cannabis (under 1% THC) for qualifying patients. Austin voters approved Proposition A in May 2020 directing police to deprioritize low-level marijuana possession, but cultivation remains a felony under state law.
Austin Cannabis Home Cultivation Rules
Heavy RestrictionsDispensary Zoning
Texas law strictly limits cannabis dispensaries to licensed Compassionate Use Program organizations dispensing low-THC cannabis (under 1% THC). As of 2025 only three licensed dispensaries operate statewide and none are located in Austin. Local zoning for cannabis dispensaries is effectively preempted by state licensing requirements. Austin has no local dispensary zoning ordinance because the state controls all licensing and siting of compassionate use dispensaries.
Austin Cannabis Dispensary Zoning & Location Rules
Heavy RestrictionsTexas Health and Safety Code Sec. 481.121 (Offense: Possession of Marihuana)
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...
Personal Cultivation Limits
Texas prohibits personal cannabis cultivation entirely. Austin cannot authorize home grows under home-rule authority while state law treats marijuana possession and manufacture as criminal offenses. Austin Prop A deprioritizes low-level enforcement but does not legalize cultivation.
Texas Prohibits Home Cannabis Cultivation Statewide
Heavy RestrictionsTex. Health & Safety Code Sec. 481.121
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...
Commercial Cannabis Zoning
Austin has no recreational cannabis retail because Texas prohibits it. Hemp-derived CBD and consumable-hemp retailers operate under Texas Agriculture Code Chapter 122 plus Austin Land Development Code commercial zoning. Smoke shops and CBD storefronts are treated as ordinary retail uses citywide.
Austin Cannabis Commercial Zoning: CBD/Hemp Only
Few RestrictionsTex. Health & Safety Code Sec. 443.003
Sec. 443.003. LOCAL REGULATION PROHIBITED. A municipality, county, or other political subdivision of this state may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the processing of hemp or the manufacturing or sale of a consumable hemp product as authorized by this chapter.
Looking for Travis County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Austin city rules.
Cannabis Regulations in Travis County →
Social Equity Licensing
Texas has no recreational cannabis program, so Austin cannot create a social-equity license. The narrow Compassionate Use Program licenses three statewide dispensing organizations on competitive merit, with no equity preference for prior-conviction, minority, or low-income applicants.
No Cannabis Social-Equity Licensing in Texas or Austin
Few RestrictionsTex. Health & Safety Code Sec. 487.053