Texas bill would legalize recreational marijuana

Texas Cannabis Legalization Proposal and Ongoing Debate

State Rep. Jessica González (D-Dallas) has introduced House Bill 1208, aiming to legalize recreational marijuana in Texas for adults 21 and older.

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However, this initiative faces stark opposition from Lieutenant Governor Dan Patrick, who advocates for banning THC products entirely.

Key Provisions of HB 1208

If passed, the bill would legalize and regulate cannabis use under the following framework:

1. Personal Use:

   • Adults 21+ could use, possess, and transport up to 2.5 ounces of marijuana.

   • Up to 10 ounces could be stored at home, provided it is secured.

   • Public consumption and use in vehicles would remain prohibited.

2. Business Regulations:

   • Cannabis businesses (cultivation, transportation, testing, and sales) would require licenses issued by the Texas Department of Licensing and Regulation.

3. Safety and Packaging:

   • Child-resistant packaging would be mandatory to prevent confusion with candy or other products.

4. Tax Structure:

   • A 10% tax would apply to all cannabis and related products, potentially providing significant revenue for the state.

5. Implementation Date:

   • If approved, the law would take effect on September 1, 2025.

Current Cannabis Laws in Texas

• Recreational Use: Illegal statewide, but some municipalities (e.g., Austin, Denton, Dallas) have voted to decriminalize small amounts of marijuana.

• Medical Use: Limited under the Texas Compassionate Use Program, allowing low-THC cannabis for specific conditions like epilepsy, autism, and PTSD.

• Hemp Loophole: Hemp-derived products with low THC levels became legal in 2019, creating confusion around THC product legality.

Opposition and Challenges

1. Lieutenant Governor Dan Patrick’s Stance:

   • Patrick opposes any form of THC legalization and has called for closing the “hemp loophole” during the upcoming legislative session.

   • His leadership in the Texas Senate poses a significant barrier to HB 1208’s passage.

2. Attorney General’s Actions:

   • Ken Paxton has filed lawsuits against municipalities that have decriminalized marijuana, arguing their measures conflict with state law.

3. Legislative Landscape:

   • Despite growing support for cannabis reform among voters, Texas remains a conservative state where marijuana legalization has struggled to gain traction at the state level.

Public Sentiment and Local Measures

• While recreational cannabis remains illegal, several Texas cities, including Dallas, Lockhart, and Bastrop, recently voted to decriminalize possession of up to four ounces of marijuana. These actions reflect shifting public opinion, though state officials continue to challenge their legality.

Future Outlook

With the Texas legislative session beginning January 14, 2025, HB 1208 will likely spark vigorous debate. The bill aligns with growing public support for marijuana reform, but opposition from high-ranking state officials like Patrick presents a formidable obstacle.