Ahead of the 2025 legislative session, advocates focus on local initiatives

Texas remains one of only 19 states that still jails people for possession of small amounts of cannabis, and one of only 12 without a comprehensive medical cannabis law. It does, however, have a limited low-THC medical cannabis law that allows patients with certain debilitating medical conditions to access cannabis-based products with no more than 1% THC by weight. 

While attempts to change Texas’ cannabis policy on the state level were not successful in 2023, advocates are utilizing the adage that “All politics are local.” In recent years, there have been several decriminalization ordinances on local ballots. All of the initiatives that only dealt with cannabis were successful by large margins. 

Recently, the state Attorney General, Ken Paxton (R), has filed suit against the localities that have enacted local decriminalization ordinances. The AG claims that state law trumps Home Rule Charters under which these ordinances were passed. 

Ground Game Texas has led the charge in these local initiatives and the legal defense in both local and state suits to try and suppress the will of the voters. They are currently gathering the 38,000 signatures needed to put this question to the voters in Dallas this November. The Dallas Freedom Act petition information is straightforward and they will even help you get the petition notarized.

While the state lags behind, voters in five cities — San Marcos, Killen, Harker Heights, Elgin, and Denton — passed local decriminalization ordinances in 2022. However, only Killeen, Elgin, and San Marcos have implemented the will of the voters, joining Houston and Austin in not arresting cannabis consumers for possessing small amounts of cannabis. All of these cities are being sued by AG Paxton. The city councils in Harker Heights and Denton voted against implementing the voter-passed ordinances.

Texas does not have a statewide ballot initiative process, so these local initiatives are the only method to limit the damages of prohibition at this time. They also help build momentum for statewide decriminalization in the Lone Star state when the legislature returns in 2025.

Texas’ legislature fails to pass any cannabis policy reforms in 2023

The Texas legislature adjourned on May 29, 2023 without passing any cannabis policy reforms. The House of Representatives passed two important bills, but neither were scheduled for a hearing in the Senate committees they were assigned to. The main impediment to cannabis policy reform remains Lt. Gov. Dan Patrick (R). As Lt. Governor, he 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.

HB1805, sponsored by Rep. Stephanie Klick (R), would have expanded the extremely limited Texas Compassionate Use Program. The bill would have added chronic pain (if a doctor would otherwise prescribe an opiate), created a 10-milligram volumetric dose (rather than a 1% THC cap), and allowed the Texas Health and Human Services to add ailments to the program. This bill passed the Texas House of Representatives in a bipartisan 127-19 vote. The legislation did not get a Senate committee hearing. 

HB 218, sponsored by Rep. Joe Moody (D), would have made possession of up to two ounces of cannabis flower a misdemeanor offense with no jail time nor custodial arrest. It would also have included concentrates of up to one ounce, which any possession of is currently a felony in Texas. The House of Representatives passed this bill in a 87- 59 vote. This legislation did not get a Senate committee hearing as well.

For the first time ever, a bill to legalize adult-use of cannabis, HB3652, sponsored by Rep. Joe Moody (D), was given a House committee hearing. A vote was not taken on the measure.

Voters are eager for more comprehensive reform: A recent poll shows 83% of Texans support medical cannabis and 60% support full legalization.

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