When given the opportunity, Texans vote to decriminalize cannabis

Leading up to the 2025 legislative session in Austin, local advocates scored their biggest ballot initiative victory yet. Voters in Dallas voted overwhelmingly to decriminalize cannabis on November 5, 2024. More than two-thirds of voters approved the Dallas Freedom Act, which made it a policy to not arrest or cite people for possession of four ounces or less of cannabis flower, nor can police use the smell of cannabis as probable cause for a search of a person or vehicle. 

Voters passed similar ordinances in Bastrop (69.8%) and Lockhart (68%) last November. These cities joined Houston, Austin, San Marcos and Killeen in not arresting people for possessing small amounts of cannabis. The cities of Harker Heights, Elgin, and Denton passed similar ordinances but their City Councils refused to implement the will of the voters.

As in other cities that have voted on and implemented decriminalization, state Attorney General Ken Paxton has sued the City of Dallas to stay the implementation of the ordinance, but a judge has decided the suit does not have merit. The Attorney General still has a pending lawsuit to overturn the ordinance.

Meanwhile, at the state level, Sen. Charles Perry (R) has filed SB1870, which would ban cities and counties, even with Home Rule Charters, from adopting ordinances that run contrary to state law as it pertains to drug violations. If adopted, this would negate all of the decriminalization ordinances passed by voters over the past several years.

Rep. Moody Continues Texas Statewide Decriminalization Effort 

Currently, Texas remains one of only 19 states that still jails people for possession of small amounts of cannabis. It also leads the country in the number of arrests annually. In 2023, Texas authorities made over 23,000 arrests for cannabis violations. 

Rep. Joe Moody (D) has sponsored HB3242 which would, among other reforms, make possession of up to one ounce of cannabis flower a violation with no potential jail time. It would also not involve a custodial arrest, and would create the mechanism for expungement of low-level cannabis offenses. In the 2023 legislative session, Rep. Moody had similar legislation pass the House of Representatives, but the Senate did not schedule a hearing. You can let your legislators and Lt. Gov. Patrick know you support this legislation here.

Powerful forces are trying to ban THC products in Texas

Despite numerous local victories for cannabis in the past few years, Lt. Governor Dan Patrick has made banning all THC products in Texas (outside of the limited Compassionate Use Program) a main legislative priority for him in 2025. He even touted a new poll that found that 55% of Texans want to reign in the unregulated hemp market, without mentioning that same poll found 62% support for full legalization, 69% support for decriminalization and 79% support for creating a comprehensive medical cannabis program. Lt. Gov. Dan Patrick (R) controls the agenda of the Senate and is a staunch prohibitionist. There are no term limits on lieutenant governors, and Patrick’s term does not end until early 2027.

Sen. Charles Perry (R) has filed SB3,which would ban all cannabinoids except CBD and CBG, with criminal penalties for selling, distributing, or manufacturing any prohibited products. Additionally, SB1867 creates criminal penalties for possessing banned hemp products. On March 3, 2025, over 170 citizens testified at the initial hearing in the Senate State Affairs Committee, a vast majority of which were opposed to SB3. The committee nonetheless unanimously advanced the bill to the full floor.

Let your lawmakers know that Texans want legalization and regulation, not prohibition!

Medical cannabis bills filed

Texas has an extremely limited, low-THC medical cannabis program, the Texas Compassionate Use Program. It is so restrictive that MPP does not count Texas as a “medical cannabis state.” Sen. Perry (R) sponsored SB1505, which would improve the program by: 

• Issuing up to three more licenses to produce low-THC products (for a total of six),

• Allowing those dispensing organizations to have satellite storage facilities around the state,

• Allowing for tinctures, suppositories, and pulmonary inhalation  when it is medically needed as specified by a doctor, and

• Making the standard dosage 5 milligrams of THC (with a package maximum of 300 milligrams). 

Meanwhile, Sen. Jose Mendenez (D) has sponsored SB734, which would create a comprehensive medical cannabis program. Texas is one of only 11 states that have not passed a comprehensive medical cannabis program. The bill was assigned to the Senate Health and Human Services Committee on February 8, but a hearing has not yet been scheduled. You can voice your support for this legislation here. A House originated bill, HB1504, has been introduced that would create a comprehensive medical cannabis program that includes home grow rights for patients.

Legalization legislation has been filed

Several pieces of legislation have been introduced to legalize cannabis for adults 21 and older. HB1208 and SB335 would legalize cannabis and create the regulatory framework for legal possession and distribution of cannabis, including the right for individuals to grow cannabis at home. HB1763 would remove penalties for possession of cannabis and paraphernalia, among other changes to relax cannabis laws. You can let your legislator know you support ending cannabis prohibition here.

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