Texas Statewide Rule
Texas Bans All Marijuana Home Cultivation Statewide
Key Facts
- Statute
- TX HSC 481.121
- Home grow allowed
- No, zero plants
- Recreational program
- None
- Medical home grow
- Not authorized
Summary
Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.
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 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 less but more than 50 pounds; and (6) a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
Full Breakdown
Under Texas Health & Safety Code Section 481.121, marijuana is a controlled substance and possession or cultivation is a criminal offense. Texas has no recreational program, no adult-use home grow, and no provision allowing patients to grow their own cannabis under the limited Compassionate Use Program. Cultivating even a single plant constitutes possession of the resulting plant material, with penalty levels keyed to weight: under 2 ounces is a Class B misdemeanor, while larger amounts escalate to felonies. Cities cannot legalize home cultivation, though several have adopted cite-and-release policies for low-level possession.
Violations & Penalties
Under 2 oz: Class B misdemeanor (up to 180 days jail, $2,000 fine). Larger weights and cultivation operations are felonies with prison time.
Frequently Asked Questions
Can I grow marijuana at home in Texas if I have a medical condition?
What about cities that decriminalized marijuana?
Sources
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