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Texas Statewide Rule

Texas Allows Only Licensed Compassionate-Use Dispensaries

Some RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute
TX HSC Ch. 487
Recreational dispensaries
Prohibited
Licensed CUP operators
Up to 15 statewide (HB 46, 2025)
Regulator
Texas DPS
Last verified: September 5, 2026Source: Texas Statutes

Summary

Texas Health & Safety Code Chapter 487 limits cannabis dispensing to state-licensed Compassionate Use Program providers: expanded to as many as 15 organizations by HB 46 (2025). There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.

Sec. 487.201. COUNTIES AND MUNICIPALITIES MAY NOT PROHIBIT LOW-THC CANNABIS. A municipality, county, or other political subdivision may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, storage, dispensing, or possession of low-THC cannabis, as authorized by this chapter.

Source: Texas StatutesView official code

Full Breakdown

Chapter 487 of the Texas Health & Safety Code created the Compassionate Use Program (CUP), administered by the Department of Public Safety. Only licensed dispensing organizations may cultivate, process, and dispense low-THC cannabis to patients with qualifying conditions such as epilepsy, multiple sclerosis, PTSD, ALS, cancer, and, since HB 46 (2025), chronic pain, traumatic brain injury, and terminal illness. HB 46 also expanded the program from three licensed organizations to as many as 15 spread across the state's public health regions, with satellite storage locations allowed. Recreational dispensaries are illegal. Local zoning may apply to a CUP licensee's facility, but cities cannot authorize unlicensed cannabis retail.

Violations & Penalties

Operating an unlicensed cannabis dispensary is a felony controlled-substance offense under Chapter 481, with penalties scaling by quantity and prior offenses.

Frequently Asked Questions

Are there recreational cannabis dispensaries in Texas?
No. Texas has not legalized recreational cannabis. Only Compassionate Use Program dispensaries licensed by the Texas Department of Public Safety may sell low-THC cannabis to qualifying patients.
Can my city license its own dispensary?
No. Licensing is exclusively a state function under Chapter 487. Cities can only apply standard zoning rules to an already-licensed CUP facility: they cannot create local cannabis licenses.

Sources

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