If a bill introduced this week by an important House leader becomes law, low-level possession of marijuana would no longer be a crime in Texas.
The measure, HB 3242, from Rep. Joe Moody (D), would make simple possession of up to an ounce of cannabis flower a Class C misdemeanor—explicitly removing the risk of arrest and incarceration.
The punishment for Class C misdemeanors is a maximum $500 fine, without the possibility of prison time. The simple possession cannabis currently falls under a Class B Misdemeanor that carries a maximum of 180 days of jail time and a fine of $2,000
Moody’s proposal was presented on Monday and is just the latest in a series of cannabis-related laws filed by Texas legislators for this legislative session. Other measures include legalizing adult-use cannabis, banning certain hemp-derived goods, removing criminal penalties for possession of cannabis, and adjusting the existing state medical marijuana laws.
Heather Fazio is the director of Texas Cannabis Policy Center. She has tracked legislation and applauded Moody’s introduction of HB3242. Moody had been appointed as House Speaker pro tempore by House Leader Dustin Burrows.
Fazio, a former prosecutor and speaker pro tem of the House, told MEDCAN24 via email that “as he is formerly convicted for cannabis offenses he knows how they negatively affect the courts system as well as the lives peaceful cannabis users.”
Moody was the sponsor of a marijuana decriminalization measure similar to this one during 2023’s legislative session. That measure, HB 218, passed the House on an 87–59 vote but later died in a Senate committee.
The House has already approved earlier decriminalization of cannabis during two previous legislative session, 2021 and 2019 The Senate has consistently blocked the progress of the cannabis decriminalization efforts due to the opposition by the Lt. Governor. Dan Patrick (R) is the president of the Senate.
Fazio stated this week that “Moody is a staunch advocate of cannabis reform.” His House Bill 3242 will decriminalize cannabis statewide, freeing Texans of unreasonably strict penalties and patchwork policies.
Disclosure: Fazio is a Patreon supporter of MEDCAN24 and contributes a monthly donation to the work.
A similar bill, HB 1790 from Rep. John Bucy III(D), will also lift criminal penalties on possession up to one ounce of cannabis. Other measures might also be presented before the deadline of March 14, when legislators must file their bills.
Numerous Texas cities have already enacted local decriminalization laws in recent years—most recently Dallas, Lockhart and Bastrop. Late last year, Attorney General Ken Paxton (R) filed a lawsuit seeking to overturn the Dallas effort, following up on similar suits against other jurisdictions, such as Austin, San Marcos, Killeen, Elgin and Denton.
State district judges dismissed two of the lawsuits—which argue that state law prohibiting marijuana preempts the local policies—in Austin and San Marcos. Elgin, a city in Illinois, reached an agreement with its local government. The local government pointed out that decriminalization never took place despite the fact that voters approved the initiative.
Patrick, along with Sen. Charles Perry, (R), are promoting a bill SB 3 that would ban hemp cannabinoids like THC.
Patrick directed last year a Senate Committee to study issues surrounding beverages that contain THC, and draft legislation banning the sale of hemp-based intoxicants.
Recently, the lieutenant-governor cited a recent survey showing that over half of Texans (55%) want to see the state regulate its largely unregulated hemp-derived THC market. But he simultaneously ignored the survey’s other findings: that even more Texans want the state to legalize and regulate marijuana for both medical and adult use.
A poll conducted at the University of Houston Hobby School of Public Affairs found that almost 4 out of 5 Texans (79%) are in favor of legalizing medical marijuana when accompanied by a prescription from a doctor, while over 3 in 5 (62%), support the regulation and legalization of adult-use cannabis.
A little over 7/10 (69%) of respondents said that they believe the state must decriminalize cannabis for personal use.
The survey shows that each reform is supported by both parties.
Patrick’s remarks are correct in that the majority of Texans feel laws on cannabis must change. Only 22 percent said they were happy with current laws.
Patrick’s priority list includes legislation to ban hemp-derived THC products. And he endorsed past legislation that would ban all forms of consumable THC in the state.
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