Texas Lawmakers Are Taking Another Stab At Cannabis Reform This Legislative Session

From penalty reductions for possession to full-on legalization, Texas lawmakers are taking swings at cannabis reform ahead of the upcoming legislative session.

State Sen. Sarah Eckhardt submitted Senate Bill 209 on the first day of early filing. If it’s approved, Texas would be among the growing number of states to legalize and regulate adult-use cannabis. It would set up a licensing structure for the growing and sale of cannabis for people 21 and older. Adults would be allowed to possess and transport up to 2.5 ounces of cannabis. Only 15 grams of that can be in the form of a concentrate like wax, vapes or edibles. Adults would also be allowed to grow up to 12 cannabis plants for personal use.

Eckhardt also filed Senate Joint Resolution 22, which directs the Legislature to amend the state constitution to “authorize and regulate the possession, cultivation, and sale of cannabis.”

Local cannabis advocate Jesse Williams isn’t too sure how successful Eckhardt’s legalization efforts will be. Williams is also the managing editor and deputy director of the online publication Texas Cannabis Collective. The midterm election hurt the chances of sweeping cannabis reform in Texas, he believes, with Gov. Greg Abbott and Lt. Gov. Dan Patrick winning new terms in office.

“Let’s start looking at what the Texas system will be some day because we are going to pass that at some point in the future.” – Rep. Joe Moody

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“I don’t see the governor signing off on any legalization bill if it even got to his desk unless it had two-thirds support in both chambers,” Williams said. “Dan Patrick isn’t likely at all to even let it get heard in a Senate committee. It would be a head turner to even have Eckhardt’s joint resolution SJR22 get placed in a committee in the Senate.”

He’s more confident, though, about Rep. Joe Moody’s House Bill 218, which would reduce penalties for the possession of cannabis and cannabis concentrates. Current state law makes marijuana possession of up to 2 ounces a Class B misdemeanor. Between 2 and 4 ounces is a Class A misdemeanor that could get you a year in county jail and up to a $4,000 fine. Anything above 4 ounces is a felony. Possession of any amount of concentrate is a felony.

Under Moody’s bill, 1 ounce or less of flower or concentrate would be a Class C misdemeanor. This would also be only a citable offense. From there, possession of 1 to 2 ounces of flower or concentrate would be a Class B misdemeanor. Between 2 and 4 ounces of flower or concentrate would be a Class A misdemeanor.

“Reducing small amounts of concentrate to a misdemeanor would save people from felony charges,” Williams said.

This could also go a long way for people who purchase consumable hemp products, he said. Since 2019, products made from hemp have been legal at the federal and state level. Hemp is cannabis with less than 0.3% delta-9 THC, the chief component that gets users high. But a lack of regulation has made for an environment in which someone’s supposedly legal hemp product could contain illegal amounts of delta-9 THC. If you were caught with something like that today, you could get stuck with a felony. Not so under Moody’s bill, Williams said.

There are some other bills with similar aims, like House Bill 388 filed by Harris County’s Senfronia Thompson, which would make marijuana possession of up to 2 ounces a Class C misdemeanor.

Although Texas’ conservative culture might make it seem like some of these bills have no chance of becoming laws, Williams said he tries to stay optimistic about every legislative session. He said he thinks a key to proponents’ success this time around will be big turnouts on lobby days and during committee hearings.

“It’s been evident with other issues in Texas during prior sessions that these large in-person turnouts can change the language and even the trajectory of a bill to make it to our governor’s desk and signed,” Williams said.

Going into the upcoming legislative session, Moody told the Observer he hopes he and others can succeed at three main objectives:

First, he hopes they can get a penalty reduction bill to the governor’s desk. “Many jurisdictions are doing that already,” he said. “Let’s create a uniform law for everybody in Texas, so it doesn’t matter which county you live in, you’re going to be treated the same when it comes to these low-grade possession offenses.”

Second, he wants to be able to expand the state’s medical marijuana program, the Texas Compassionate Use Program, to include more people. Lastly, he wants to have an idea of what a retail cannabis market would look like in Texas.

“Now I’m not under any illusion that that’s going to become law in 2023,” Moody said. “But if it’s ever going to happen, lawmakers need to start discussing it now. Let’s have a public hearing on it. Let’s get the numbers on the table. What kind of revenue does this bring in? Let’s start looking at what the Texas system will be some day because we are going to pass that at some point in the future. So, let’s start having that conversation.”