In the US, the laws determining the status of cannabis use vary from state to state and continue to change over time. Texas has one such cannabis program in flux, with a new bill being introduced that may change the legality of recreational marijuana within the state.
What is the current legal status of cannabis in Texas, and what potential changes are on the horizon? What changes have happened in the past with cannabis in Texas, and what is likely to happen moving forward? We’ll examine these questions to get a holistic view of the situation.
Currently, recreational marijuana is not legal in Texas. Specifically, the Texas State Law Library explains, “The Texas Controlled Substances Act classifies tetrahydrocannabinols (THC) in penalty group 2 for the purposes of criminal penalties. Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense.” Additionally, marijuana is “listed as a Schedule I hallucinogenic substance,” making it subject to legal limitations and control.
In other words, substances with THC are not legal for recreational use under their current cannabis program, and marijuana more broadly is highly regulated.
Marijuana is, however, permissible for some medical uses in Texas. According to the Texas Government site, Texas’s Compassionate Use Program (CUP) allows certain physicians to prescribe low tetrahydrocannabinols (THC) cannabis for medical purposes.”
The Texas medical cannabis program allows for no more than 0.5% by weight. They also list the specific conditions that allow patients to qualify for the Compassionate Use Program:
Outside of medical marijuana, however, some marijuana products with a low THC content are also legally available. The state’s legalization of hemp for agricultural purposes has resulted in some low THC marijuana being legal commercially.
Now, two new bills have been proposed that may bring some changes for cannabis users in Texas. While these changes could lead to an expansion of cannabis in the state, with recreational marijuana being legalized, it could also lead to new restrictions on the substance.
In terms of restrictions, Senate Bill 3, announced by Lieutenant Governor Dan Patrick “aims to eliminate the sale of any consumable THC products, including popular items like delta-8 and delta-9 THC. This move comes in response to concerns that some products currently on the market exceed the legal THC limit of 0.3%, posing potential health risks.”
This bill would heavily reduce the cannabis products on the market that are currently available recreationally, returning to more traditional policies of the past.
At the same time, there are also pushes to legalize recreational marijuana, making it more available than ever in the state. The Regulatory Oversight website explains, “State Representative Jessica González has introduced House Bill 1208, which aims to permit adults aged 21 and over to use, possess, and transport up to 2.5 ounces of cannabis. Additionally, adults would be allowed to store up to 10 ounces of cannabis at their residence, provided it is kept in a secure location.”
If passed and put into practice, this bill would bring about major changes for cannabis users in Texas, as well as for businesses selling cannabis.
Looking backwards at recent developments, it seems that Texas has been moving closer to a cannabis-friendly state. The signing of House Bill 1325 by Governor Abbott in 2019 legalized the cultivation of industrial hemp (cannabis containing less than 0.3% THC), allowing for the aforementioned limited cannabis purchase and use.
Additionally, the convictions for marijuana possession have also been altered. In 2021, the blanket “Smoke a joint, lose your license policy” was repealed. Other aspects of the legal penalties for marijuana use and possession have also been loosened, reducing criminalization.
Of course, it’s impossible to truly know what will happen with the current cannabis bills under consideration. However, we can still make predictions based on what’s happened so far.
Given the more cannabis-accepting direction that Texas legislation has moved in, it feels somewhat less likely that Senate Bill 3, eliminating the sale of any consumable THC products, would pass in its current form. This would be a major shift in direction from where Texas has been moving.
However, this also does not mean that House Bill 1208, legalizing recreational marijuana use, will pass either. There is a history of conservatism in Texas when it comes to drug policies, and this shift may not fly with enough Texas politicians.
The legal status of cannabis is in a constant state of flux across the country, including in Texas. Although recent years have seen more acceptance and decriminalization of cannabis, there is both restrictive and expansive legislation on the table.
No matter which way things go, it is certain that changes will have significant effects for people in Texas, including both consumers of cannabis and the businesspeople selling it.
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