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Will Texas’ 87th Legislators Put An End To Marijuana Prohibition?

Cannabis related bills have already been filed.

The million dollar question. Several months back, we published how 2021 could be the year that Texas ended the prohibition on marijuana. This particular article spiked in popularity in the weeks leading up to the election and we received multiple emails in regards to it. In this poll, 67% of Texans agreed that it was time to end marijuana prohibition.

Our previous article, however was contingent on Texas turning blue. No, we’re not bringing that up and if you want to know we’re perfectly fine. Really.

For many of us, Texas has been red as long as we’ve been voting and all that means is we have to fight harder.

Cannabis Reform is on the Democratic Platform in 2020.

It shouldn’t be too surprising that most of these bills are filed by Democrats. However, the Republicans are going to be a problem. Here is what’s on the 2020 Republican Platform:


Cannabis Classification: Congress should remove cannabis from the list of Schedule 1 and move to Schedule 2. We call upon the Texas Legislature to improve the 2015 compassionate Use Act to allow doctors to determine the appropriate use of cannabis for their patients.

According to the DEA, Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are:

Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

What’s the difference between Schedule 2 and Schedule 1?

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.

Other drugs on Schedule 1 are heroin and LSD.

So, Texas the Republican platform would like to move marijuana from the heroin and LSD category, to the cocaine and Vicodin category. BUT, you’d be able to get it with a prescription.

What bills have been filed and by who?

It’s important to remember that in Texas, thousands of bills are filed each legislative session, from those only a fraction ever make it to the governor’s desk to sign. Although several of these bills are calling for a complete end to marijuana prohibition, they have to go to committee and they have to be voted on. Since the Republican platform wants to keep the prohibition on place, but allow medical marijuana, there’s a good chance at the very medical marijuana may make it to Abbott.

Joe Moody (D) – Regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense. H.B. 447

This bill would make it legal for anyone over the age of 21 to possess, use, or transport cannabis or cannabis products up to 2.5 ounces. You would also be able to have up to 12 plants to cultivate for personal use. This bill also establishes retail sales and taxation of marijuana, (which would add billions of dollars in revenue).

It would still be illegal to possess or transport anything over 2.5 ounces. No one under 21 would be able to buy or use cannabis, and it would be prohibited on school campuses and jails.

Roland Gutierrez (D) filed a similar senate bill.

Relating to the regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense; to border security enhancement projects and the creation of a fund to pay for those projects; to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis and the licensing of medical cannabis dispensing organizations. S.B. 140

Jose Menendez (D), Ron Reynolds (D), and Alex Dominguez (D) each filed a bill that would allow Texans medical marijuana under certain conditions.

Nathan Johnson (D) and Terry Canales (D) both proposed amendments to bills which basically removes marijuana concentrate from the current statutes.

What about the Republicans?

I’m glad you asked.

Bryan Hughes (R) and James Frank (R) both filed amendments to bills relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

They added that administering CBD oil to a minor, would give the courts the ability to take possession of that child.

Living Blue in Texas will be living green this legislative session.

We’ll be following all of these bills regarding marijuana prohibition closely and we’ll let you know when it’s time to call your local representatives. Make sure you subscribe to our newsletter below for updates and news regarding these bills.


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