You can smoke weed in Dallas and Houston but not in Texas?

A recent bill introduced in the Texas Legislature could pave the way for select cities and counties to legalize recreational marijuana. The 1937 House Bill, proposed by State Representative Jessica Gonzalez (D-Dallas), would give local governments the power to decide whether or not to allow Texans over the age of 21 to use cannabis recreationally.

Under the bill, a person would be permitted to possess a maximum of 2.5 ounces of marijuana. The bill also introduces a 10% tax on all cannabis products used for various initiatives such as cannabis testing, regulation, quality control, government oversight and school funding. Representative Jessica Gonzalez (D-Dallas) emphasized that while 21 states in the US have legalized cannabis and 27 have decriminalized it, Texas has not yet fully realized the potential revenue stream.

According to a recent poll, a majority of Texans support some form of legalizing cannabis use, and Gonzalez believes such a move would not only generate investment in public education, but also prevent unnecessary arrests for cannabis possession while creating job opportunities.

Gonzalez previously introduced a similar bill in 2021, but it didn’t go to a vote. The fate of this year’s bill remains uncertain and could lead to a similar outcome.

Legalization of cannabis in Texas

Cannabis legalization in Texas has been relatively slow and limited compared to other states in the US. In 2015, Texas passed the Compassionate Use Act, allowing patients with intractable epilepsy access to low-THC cannabis oil. Still, the law remains restrictive, with few conditions qualifying for the use of medicinal cannabis. In addition, smoking cannabis is still prohibited under the Compassionate Use Act.

In 2019, the Texas legislature passed House Bill 1325, which legalized the cultivation, processing, and sale of hemp and hemp-derived products. However, the bill did not legalize cannabis, and there are still severe penalties for marijuana possession.

There have been several attempts to legalize recreational cannabis in Texas, but none have been successful. In 2019, the Texas House of Representatives passed a bill decriminalizing cannabis possession, but the Senate failed to pass it. In 2021, a bill to legalize and regulate cannabis was tabled, but did not go to a vote.

The House Bill 1937, introduced in the 2023 legislature, aims to give counties and municipalities the power to legalize the recreational use of cannabis. However, it remains to be seen whether the bill will eventually be passed and come into effect. According to Jesse Williams, a local cannabis advocate and editor-in-chief of the Texas Cannabis Collective, the 1937 House Bill is unlikely to make it onto the governor’s desk. Even if it does, Gov. Greg Abbott is unlikely to sign it.

Williams also pointed to some potential issues with the bill, including opposition from the cannabis community due to the proposed 10% tax on top of other taxes already levied by companies. He expressed concerns that the additional costs could make it too expensive for companies to enter the market and too expensive for customers compared to the black market, potentially leading some customers to turn to illicit sources. Williams noted that similar issues have arisen in other states implementing cannabis legalization.

If the House Bill were to become law in Texas in 1937, Dallas could be allowed to legalize the recreational use of cannabis. Dallas City Council members Chad West and Adam Bazaldua have expressed support for such a move, saying they would vote for legalization if the state had the opportunity.

Bazaldua stressed his willingness to support the measure, saying he would vote to legalize recreational cannabis in Dallas if given the chance. Given the possibility of higher revenue and lower law enforcement costs, some local officials and attorneys may see cannabis legalization as a positive move for the city. However, as previously mentioned, it remains to be seen whether the House Bill will pass in 1937 and become law in Texas.

Significant support for recreational cannabis

A recent poll conducted by the University of Texas/Texas Politics Project found that most voters in Texas support legalizing marijuana. In fact, the poll found that around four in five residents think cannabis should be legal for medicinal or recreational use.

In addition, the poll found that a significant majority of Texans (72%) would welcome marijuana decriminalization, which means the offense would be punishable by a subpoena and fine rather than jail time.

Overall, poll results suggest that Texans are enthusiastic about marijuana reform, with 55% of respondents saying that possession of cannabis should be legal for any purpose, in any quantity or small amounts. Only 17% of respondents said marijuana shouldn’t be legal, while 28% said it should only be legal for medicinal purposes.

According to the poll, Democrats are the strongest supporters of marijuana reform, with 72% expressing support for broad legalization and 19% for medical-only legalization. Independents followed, with 57% supporting legalization for all purposes and a further 31% supporting legalization of medicinal cannabis only.

Republicans were the least supportive group, with 41% supporting legalizing the plant for all uses and another 36% supporting legalizing only medical marijuana.

The poll also asked respondents if they support reducing the penalty for possession or use of small amounts of marijuana to a subpoena and fine, effectively a decriminalization model. A strong majority of 72% supported this approach.

As the upcoming legislative session approaches, Texas lawmakers have an opportunity to enact marijuana reform. However, it remains uncertain whether Conservative lawmakers will heed, or once again ignore, public opinion on the issue.

Diploma

As the debate over legalizing marijuana in Texas continues, it remains to be seen whether the House Bill of 1937, or any other reforming legislation, will eventually become law. While growing numbers of Texans support legalization, there is also significant opposition, particularly among conservative lawmakers. Nonetheless, the conversation about marijuana reform has evolved, and both proponents and opponents will continue to make their voices heard in the years to come. Ultimately, the fate of Texas marijuana reform will be decided by a combination of public opinion, legislative action, and the views of key state decision makers.

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