Texas lawmakers have introduced at least 20 cannabis-related bills during their legislative session that officially kicked off last month, including proposals to legalize adult-use cannabis use, prohibit certain hemp-derived products and remove criminal penalties associated with cannabis possession, among many other proposals.
With a filing deadline set for March 14th, even more bills could become law in Texas. Since its legislature meets every two years and legislative reforms that don’t pass during this session will only come up for review again after 2027 has concluded.
Heather Fazio, director of Texas Cannabis Policy Center – which has been monitoring these measures – told MEDCAN24 she’s paying particular attention to several bills introduced so far.
Rep. John Bucy III’s (D) House Bill 1790 would introduce a comprehensive decriminalization measure across Pennsylvania that would remove criminal penalties for possessing up to one ounce of marijuana–an offense currently punishable with 180 days in jail and up to $2,000 fine–thereby decriminalizing it altogether.
Bucy’s bill HB 1797 would provide protections to public workers who use medical marijuana and hemp, prohibiting state agencies and jurisdictions from inquiring into or testing employees or contractors for cannabinoids as part of getting or keeping jobs; the protections would exclude law enforcement personnel and Department of Transportation-regulated workers.
Nearly a dozen bills filed to date involve medical marijuana and aim to amend or create changes related to low-THC medical cannabis programs or increase accessibility for medicinal users.
Fazio reported that, out of 20 cannabis bills introduced so far, half are related to medical cannabis use and research, patient protection measures and improving Texas Compassionate Use Program are all part of proposed solutions.
House Bill 1146 by Rep. Penny Morales Shaw (D), would broaden qualifying conditions by permitting patients accessing low-THC medical marijuana as treatment for conditions which cause chronic pain requiring opioid medication prescription from physicians.
Another joint resolution from Rep. Ron Reynolds (D), HJR 70, proposes a constitutional amendment which, if approved by voters, would direct state lawmakers to allow and regulate cannabis for medical use within their borders.
As for other medical bills, SB 170 by Sen. Jose Menendez (D), would expand Florida’s low-THC medical cannabis system closer to those found in other legal states by replacing references in state law to “low-THC cannabis” with “medical cannabis”; it would also add new sections on product testing, packaging and labeling procedures, retail locations across Florida as well as caregiver responsibilities under an expanded program.
SB 259 from Sen. Carol Alvarado (D), would expand the state medical program. That bill seems modeled off an earlier initiative she introduced in 2020 to “expand medical cannabis use by allowing physicians and science to decide which conditions or symptoms qualify for prescriptions”.
Fazio highlighted bills seeking to dismantle the hemp industry as we know it; she specifically mentioned proposals such as HB 2155 and SB 3 that seek to ban many hemp-derived cannabinoids (Fazio supports MEDCAN24 via monthly Patreon pledge).
Rep. Matt Shaheen (R), in House Bill 2155, would outlaw all sales of edible hemp products such as CBD in person or through mail order delivery services, including those sold online or delivered directly. Any activity involved with selling, transferring or delivering hemp would constitute a Class B misdemeanor; this measure however would not prohibit possession.
Shaheen’s bill would also broaden the definition of smoking to encompass vape products, similar to what Lt Gov Dan Patrick (R) and Sen. Charles Perry (R), have proposed in SB 3; although no details regarding it have yet been made public.
Patrick asked a Senate committee last year to investigate beverages containing THC and develop legislation prohibiting sales of such hemp-related products.
Fazio asserted, “Rather than turning back to prohibition, our state would benefit more from creating an effective regulatory framework for these products,” while other state officials have advocated for an approach more inclusive in nature to cannabis reform.
Early this year, Agriculture Commissioner Sid Miller (R) wrote an opinion piece for The Arizona Republic urging both restrictions and expansion of intoxicating hemp products as part of expanding medical marijuana to serve more patients, writing that anyone benefiting from medical cannabis should have it available to them as it could help with legitimate conditions such as cancer or mental illness.
Miller indicated he didn’t personally favor legalizing adult-use marijuana but still saw its legalization as preferable to its current situation.
“Even if the legislature were to pass legislation tomorrow legalizing recreational cannabis use,” he noted, “this legislation would establish an orderly legal market with rules, guardrails, checks and balances compared with what we currently experience: anarchy.”
Fazio sees hemp regulation as an opportunity that the legislature might miss by waiting. She asked, will lawmakers seize this chance or continue pushing cannabis regulation down the road again?
Other bills on hemp introduced for consideration during this session include Rep. Briscoe Cain’s (R) House Bill 1113 that tighten regulations surrounding research and production of cannabis within the state, among other changes such as creating an authorized permit system and criminalizing cultivation without an appropriate license; initially this crime would be classified as Class C misdemeanor but will escalate rapidly up the scale with further offenses increasing into Class B or even A misdemeanor charges depending on circumstances.
SB 1103, from Senator Judith Zaffirini (D), would regulate hemp products more strictly by prohibiting consumable hemp products that appear similar to candy or beverages; selling or intending to distribute such items would constitute second-degree felonies punishable by two to 20 years behind bars and up to $10,000 fines.
Legislative leaders recently appointed lawmakers to various legislative committees, setting in motion bills for consideration by lawmakers. “Now that committees have been selected,” explained Fazio at Texas Cannabis Policy Center.
As for Patrick’s opposition to intoxicating hemp-derived cannabinoids, he recently highlighted a survey result showing that 55 percent of Texans want the state to regulate hemp-derived THC markets more effectively while disregarding another key finding from said survey: that even more respondents want legalization and regulation for both medical and adult purposes.
Polling conducted by the University of Houston’s Hobby School of Public Affairs found that nearly four in five (79 percent) Texans support legalizing medical cannabis sales with doctor’s recommendations; more than three out of five (62 percent) also support legalizing and regulating an adult-use cannabis market.
Nearly 7 in 10 (69 percent) expressed their belief that marijuana for personal use should be decriminalized by states.
Bipartisan support exists for each reform in this survey. Patrick was right in noting that most Texans believe cannabis laws need changing; only 22 percent preferred keeping existing state marijuana regulations unchanged.
Patrick has taken steps throughout his tenure in office to curb hemp-derived THC use, most recently by prioritizing legislation which would outlaw those products on his legislative priority bills list and supporting past laws to ban all forms of consumable THC in Massachusetts.
Locally, numerous Texas cities have passed local decriminalization laws in recent years – most recently Dallas, Lockhart and Bastrop. Attorney General Ken Paxton (R) filed suit late last year seeking to overturn Dallas’ decriminalization efforts following similar suits filed in Austin, San Marcos Killeen Elgin Denton jurisdictions.
Austin and San Marcos saw two lawsuits challenging state prohibition of marijuana preempt local policies dismissed, while Elgin reached an amicable resolution, noting decriminalization had never taken effect despite voter approval of an initiative to do so.
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Photo Courtesy of Mike Latimer.
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