At least 20 cannabis-related payments have been launched in Texas for the legislative session that formally kicked off final month, together with proposals to legalize adult-use marijuana, prohibit sure hemp-derived merchandise, take away prison penalties for hashish possession and alter the state’s present medical marijuana legal guidelines, amongst others.
With a submitting deadline of March 14, much more payments might materialize.
The state legislature in Texas comes collectively solely as soon as each two years, which means reforms that don’t move by the session’s shut on June 2 can’t be thought of once more till 2027.
Heather Fazio, director of the Texas Cannabis Policy Center, which is tracking the measures launched to this point, instructed Marijuana Moment that she’s watching a number of of the payments notably carefully.
Among them is HB 1790, a statewide decriminalization measure from Rep. John Bucy III (D) that may take away prison penalties for possession of as much as an oz. of marijuana—conduct that’s presently a Class B misdemeanor, punishable by as much as 180 days in jail and a $2,000 nice.
Another invoice from Bucy, HB 1797, would offer protections for public staff who use medical marijuana or hemp, prohibiting state businesses and different jurisdictions from asking about or testing workers or contractors for cannabinoids as a situation of getting or holding a job. The protections wouldn’t apply to regulation enforcement and Department of Transportation-regulated staff.
Nearly a dozen payments filed to this point relate to medical marijuana and purpose to regulate the state’s low-THC medical hashish program or enact different adjustments associated to medical use.
“Of the 20 cannabis bills that have been introduced, half are focused on medical cannabis,” Fazio stated. “Proposals include medical cannabis research, patient protections, and improving the Texas Compassionate Use Program.”
Among these payments is HB 1146, from Rep. Penny Morales Shaw (D), which might broaden qualifying circumstances by permitting sufferers to entry the state’s low-THC medical marijuana to deal with “a condition that causes chronic pain, for which a physician would otherwise prescribe an opioid.”
Another, HJR 70, a joint decision from Rep. Ron Reynolds (D), requires a constitutional modification that if accepted by voters would direct the legislature to “authorize and regulate the possession, cultivation, and sale of cannabis for medical use in this state.”
Other medical payments embody SB 170, from Sen. José Menéndez (D), which might successfully broaden the state’s low-THC medical hashish system into yet another resembling packages in different authorized states, changing references in state regulation to “low-THC cannabis” with “medical cannabis.” It would additionally add new sections on product testing, packaging and labeling, retail areas throughout the state, caregivers and different particulars of the expanded program.
SB 259, from Sen. Carol Alvarado (D), would additionally broaden the state medical program. That invoice seems to be primarily based on a previous measure that Alvarado launched in 2020 and stated on the time would “expand the use of medical marijuana by allowing doctors & science to dictate what conditions & symptoms are eligible for a prescription.”
“Top of everyone’s mind, though, are bills to shut down the hemp industry as we know it,” Fazio defined, pointing to proposals akin to HB 2155 and SB 3, which might ban many hemp-derived cannabinoids.
(Disclosure: Fazio helps Marijuana Moment’s work by way of a monthly Patreon pledge.)
HB 2155, from Rep. Matt Shaheen (R), would ban the sale of all consumable hemp merchandise, together with CBD, whether or not bought in particular person or delivered by way of mail. Selling, transferring or delivering hemp merchandise can be a Class B misdemeanor, although the measure wouldn’t outlaw possession of such merchandise.
Additionally, Shaheen’s invoice would redefine “smoking” to incorporate vape merchandise.
Lt. Gov. Dan Patrick (R) and Sen. Charles Perry (R) have equally pledged to pursue a ban on hemp cannabinoids, akin to types of THC, by way of the invoice SB 3. The textual content of that invoice, nevertheless, has not but been launched.
Patrick final 12 months directed a Senate committee final 12 months to look at points round drinks containing THC and put together laws that may ban the sale of intoxicating hemp merchandise.
“Instead of reverting to prohibition, our state would be better served by an effective regulatory framework for these products,” Fazio stated.
Other state officers, in the meantime, have known as for a extra complete strategy to hashish reform.
Earlier this 12 months, Agriculture Commissioner Sid Miller (R) wrote an op-ed urging the state to each restrict intoxicating hemp products and expand its existing medical marijuana program to present entry to extra sufferers, writing: “Everyone who can benefit from it to help with their legitimate medical condition should have it available to them.”
Miller stated that he doesn’t personally help adult-use marijuana legalization however argued it might nonetheless be preferable to the present state of affairs.
“Even if the legislature voted to legalize recreational marijuana tomorrow,” he stated, “that legislation would create a legal market with rules, guardrails, checks and balances. What we have now is the wild west.”
Fazio sees the window to manage hemp as a possibility—one which the legislature might miss if it doesn’t take motion this session.
“Will lawmakers lean into this opportunity to regulate cannabis,” she requested, “or will they kick the can down the road…again?”
Other payments on the the hemp facet launched for the present session embody HB 1113, from Rep. Briscoe Cain (R), which might tighten laws on hemp analysis and manufacturing within the state. Among different adjustments, it might set up a allow that may be required of hemp researchers and create a prison offense for cultivating hemp and not using a license. The crime on first offense can be a Class C misdemeanor, which might climb to Class B and Class A misdemeanors on second and subsequent offenses.
A separate Senate invoice to manage hemp merchandise, SB 1103, from Sen. Judith Zaffirini (D) would prohibit consumable hemp merchandise which are marketed, packaged, flavored or coloured “to appear similar to a candy or beverage product.” Selling, distributing or aspiring to distribute such merchandise can be a second-degree felony, on par with sure violent crimes and punishable by two to twenty years behind bars and a nice of as much as $10,000.
Legislative leaders lately appointed lawmakers to numerous committees, establishing the payments for consideration.
“Now that committees have been appointed, we’ll begin to see bills scheduled for hearings,” stated Fazio on the Texas Cannabis Policy Center.
As for Patrick’s opposition to intoxicating hemp-derived cannabinoids, the lieutenant governor lately emphasised a survey outcome exhibiting that greater than half (55 %) of Texans need the state to rein its largely unregulated marketplace for hemp-derived THC. But he concurrently ignored the survey’s different findings: that even more Texans want the state to legalize and regulate marijuana for each medical and grownup use.
The polling, from the University of Houston’s Hobby School of Public Affairs, discovered that almost 4 in 5 (79 %) Texans help legalizing the sale and use of medical marijuana with a physician’s advice, whereas greater than 3 in 5 (62 %) help legalizing and regulating an adult-use hashish market.
Almost 7 in 10 (69 %), in the meantime, stated they suppose the state ought to decriminalize marijuana for private use.
There is bipartisan help within the survey for every of the reforms.
What Patrick’s feedback obtained proper is that the majority Texans suppose legal guidelines round hashish want to alter: Only 22 % of these surveyed favored holding the state’s marijuana legal guidelines as they’re.
Patrick has focused hemp-derived THC repeatedly throughout his time in workplace, most lately by together with laws that may ban the merchandise in his record of precedence payments. And he endorsed previous laws that would ban all forms of consumable THC in the state.
At the native degree, in the meantime, quite a few Texas cities have enacted native decriminalization legal guidelines lately—most lately Dallas, Lockhart and Bastrop. Late final 12 months, Attorney General Ken Paxton (R) filed a lawsuit searching for to overturn the Dallas effort, following up on related fits towards different jurisdictions, akin to Austin, San Marcos, Killeen, Elgin and Denton.
State district judges dismissed two of the lawsuits—which argue that state regulation prohibiting marijuana preempts the native insurance policies—in Austin and San Marcos. The metropolis of Elgin reached a settlement, with the native authorities mentioning that decriminalization was by no means carried out there regardless of voter approval of the initiative.
Photo courtesy of Mike Latimer.
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