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If you're interested in growing weed in Texas, here’s what you need to know. Unfortunately, Texas has one of the most restrictive medical cannabis programs in the nation. Under the Texas Compassionate Use Act, medical cannabis is limited to 0.5% by weight of THC.

In addition, only a few medical conditions qualify for medicinal cannabis use. Pair that with less than a handful of medical cannabis suppliers in the state and no ability to grow weed at home. In short, Texas’ limited market significantly restricts access to cannabis to millions of patients.

Here's what you need to know about growing weed in Texas and its penalties.

Cannabis Laws in Texas

Texas is one of a handful of states that have held out on passing significant cannabis reform. Currently, medical and recreational marijuana is not legal, therefore, growing marijuana in Texas is not legal for any reason, either.

However, the Texas Compassionate Use Act, passed in 2015, allows the use of low-THC cannabis oil (featuring less than 0.5% THC) for intractable epilepsy and was expanded in 2019 to include a small number of medical conditions.

These include:

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  • Seizure disorders
  • Multiple sclerosis
  • Spasticity
  • Amyotrophic lateral sclerosis (ALS)
  • Autism
  • Terminal cancer
  • Incurable neurodegenerative disease

What are the Penalties for Growing Weed in Texas?

In Texas, there are no specific laws or penalties for growing cannabis. However, if you are caught growing cannabis, you would be charged with possession. The penalty would depend on how much cannabis you possess.

AmountPenaltyMax. Jail TimeMax. Fine
2 oz or lessMisdemeanor180 days$2,000
2 – 4 ozMisdemeanor1 year$4,000
4 oz – 5 lbsFelony180 days – 2 years$10,000
5 – 50 lbsFelony2 years – 10 years$10,000
50 – 2,000 lbsFelony2 years – 20 years$10,000
More than 2,000 lbsFelony5 years – 99 years$50,000

Decriminalization

While the state, as a whole, is not very cannabis-friendly, several major municipalities have passed cannabis decriminalization reforms that lower the penalties for possession or limit enforcement. Regardless of the lowered penalties, we do not recommend breaking state law.

  • Hays County: In May 2009, the county sheriff’s office announced a cite-and-release program for marijuana possession (2 ounces or less) and other minor crimes.
  • Austin: In February 2009, the city's police department announced a cite-and-release policy for individuals caught with small amounts of cannabis possession. In January 2020, the City Council voted to remove penalties for possession of up to 4 ounces of cannabis.
  • Harris County: In October 2014, the District Attorney announced the First Chance Intervention Program, which allows individuals possessing less than 2 ounces of cannabis to avoid arrest or conviction in favor of a citation and attending drug education classes or performing community service. In February 2017, the District Attorney announced the Misdemeanor Marijuana Diversion Program, which allows individuals possessing less than 4 ounces of cannabis to avoid criminal charges and a citation if they attend a 4-hour drug education class.
  • Dallas: In April 2017, the City Council voted to enact a cite-and-release policy for individuals possessing less than 4 ounces of cannabis.
  • Bexar County: In September 2017, the District Attorney announced a cite-and-release policy for those caught with less than 4 ounces of cannabis in favor of attending a class, doing community service, and paying a fine.
  • El Paso County: In October 2017, the county commissioners voted to allow individuals who possessed less than 4 ounces of cannabis to pay a $100 fine and do 8 hours of community service instead of facing criminal charges under the First Chance Program. In May 2020, the El Paso City Council adopted a cite-and-release policy for people who possess less than 4 ounces of cannabis.
  • Travis County: In December 2017, the county commissioners approved a plan to allow people who possess less than 2 ounces of cannabis to take a 4-hour drug course ($45) instead of facing criminal charges.
  • Nueces County: In April 2019, law enforcement agencies passed a cite-and-release policy for possession of small amounts of marijuana (4 ounces).
  • Cedar Park: In June 2019, the police department implemented a cite-and-release program for people caught with under 2 ounces of cannabis. Offenders would have to go through a processing center instead of going to jail.
  • Dallas County: In April 2019, the county District Attorney announced that first-time misdemeanor offenders would not be prosecuted. Subsequent offenders would be given the chance to complete a diversionary course instead of being prosecuted.
  • Plano: In April 2021, the city's police department announced they would not arrest people who possessed under 2 ounces of cannabis but may issue tickets for possession of drug paraphernalia, a class C misdemeanor.

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