Cannabis Legalization in Texas: A Complex Landscape Rooted in Tradition and New Perspectives

DALLAS- In the midst of a nationwide shift towards the acceptance of cannabis use, Texas remains a bastion of resistance, holding firmly to its stringent regulations surrounding the substance. As the nation grapples with evolving perspectives on cannabis legalization, the Lone Star State stands at a crossroads, balancing its deep-rooted traditions with a burgeoning public sentiment favoring change.

Currently, 23 states have embraced the legalization of adult-use cannabis, while an additional 15 have sanctioned its medicinal use. Despite this national trend, Texas maintains severe penalties for cannabis possession, with fines ranging from $2,000 to $10,000 and potential jail time of up to 99 years depending on the amount possessed.

In 2015, Texas initiated a cautious foray into medicinal cannabis use with the Texas Compassionate Use Act, which permitted the use of low-THC cannabis oil for epilepsy treatment. Over the years, the list of qualifying conditions has expanded to include terminal cancer, autism, multiple sclerosis, and other severe ailments, albeit with a capped THC content at a minimal 1.0%.

The reluctance to fully embrace cannabis legalization is deeply ingrained in the Texan psyche, characterized by a strong streak of self-reliance and a history of independent governance. This sentiment echoes the state’s historical trajectory, which saw it operating as an independent republic before joining the United States after nine years of fervent debates in 1845.

Fast forward to 2023, the discourse surrounding cannabis legalization continues to polarize the Texan populace. While some view the substance as a potential gateway drug, necessitating governmental intervention, others advocate for its potential benefits, including offering a safer alternative to opioids for pain management.

Recent legislative attempts to expand medical conditions covered and to decriminalize cannabis, encapsulated in bills HB 1805 and HB 218, met a roadblock in the Senate, with Lt. Gov. Dan Patrick staunchly opposing the potential for misuse and recreational legalization under the guise of medical necessity. The next opportunity for statewide legislative action will not arise until the biennial legislative session in January 2025.

Law enforcement agencies in Texas, wielding significant influence in public policy, have voiced apprehensions about potential spikes in crime rates and the emergence of a perilous black market following legalization. These concerns are echoed by associations representing police chiefs and sheriffs, who seek validated, peer-reviewed research demonstrating medical benefits before endorsing any expansion of the state’s medical cannabis program.

Despite these hurdles, public opinion seems to be gradually tilting in favor of cannabis decriminalization and legalization for adult use. Recent polls indicate a majority of Texans support legalizing small quantities of cannabis for recreational use, and an even larger percentage advocate for expanded medical usage. The perception of cannabis as a “gateway drug” is also witnessing a decline, with a significant portion of the populace believing it either reduces the likelihood of using other illegal substances or has no impact.

In a bid to foster dialogue and shape the future of cannabis in Texas, Representative Joe Moody sponsored HB 3652, known as the Texas Regulation & Taxation of Cannabis Act. Though not expected to progress, the bill served as a platform to initiate discussions on the potential establishment of a retail cannabis market in Texas, including considerations for a 10% cannabis tax.

As Texas navigates this complex landscape, localized efforts are gaining momentum, with cities like Austin decriminalizing cannabis and others adopting cite-and-release policies. These initiatives, coupled with a growing groundswell of public support, are fostering a conducive environment for potential statewide decriminalization in 2025.

The path to cannabis legalization in Texas is intricately woven with the state’s unique history and evolving public sentiment. As Representative Moody noted, the time is approaching where this could become “the law of the land.” As the state grapples with this potential shift, it remains to be seen how Texas will reconcile its storied past with a future that could potentially embrace cannabis in a manner befitting its independent spirit.

Editor: We thank Rachel Wright, Abraham Finberg and Simon Menkes for creating this article, you can find more of their articles at 420cpa.com which is powered by ABFinWright, LLP.