Texas makes gains in marijuana policy reform this session

Published: June 2, 2005

The Texas Legislature closed its doors for the year on May 30, but not before activists made their presence known in the halls of the state house. This session featured two prominent marijuana policy reform bills, the first of which, H.B. 658, would have provided an affirmative defense for medical marijuana patients. The second, H.B. 254, would have lowered penalties for simple marijuana possession from jail to a fine. Although neither of these bills became law this session, the debate they sparked will provide a sturdy foundation for further reform in the state.

Please be sure to tell your legislators to push for reform next session.

Representatives Elliott Naishtat (D-Austin) and Terry Keel (R-Austin) made a compassionate stand this session, introducing H.B. 658, which would have provided an affirmative defense for medical marijuana patients facing prosecution. Texans for Medical Marijuana (TMM), a Marijuana Policy Project grant recipient, worked diligently all session with the bill's sponsors to rally support for the bill.

On February 17, TMM sponsored a very successful "lobby day" that drew dozens of activists from all over the state to the capitol, and on April 5, the House Criminal Jurisprudence Committee held a hearing on H.B. 658. The hearing featured an impressive slate of supportive witnesses—including a representative of the Texas Nurses Association, three patients, a retired physician, a minister, and Noelle Davis, TMM executive director.

Despite this showing, and the fact that a 2004 poll showed 75% of Texans support medical marijuana, H.B. 658 was unable to get out of committee. However, these battles are marathons, and there is good reason to believe medical marijuana has a future in Texas. One of the sponsors, Terry Keel, is a former sheriff and assistant district attorney in Travis County, and is also the chair of the House Criminal Jurisprudence Committee. Along with Texas Nurses Association, which had already adopted a very progressive stand on medical marijuana, the Texas Medical Association adopted a resolution in 2004 that recognizes a physician's right to discuss medical marijuana with his or her patients.

But the reality is that seriously ill Texans will continue to be treated as criminals for using their medicine. Please take a moment to capitalize on this session's momentum and urge your legislators to support medical marijuana when the legislature convenes in 2007.

Speak out now for the rights of medical marijuana patients.

In another step forward, Rep. Harold Dutton (D-Houston) introduced H.B. 254, which would have reduced the penalty for possession of one ounce or less of marijuana to a ticketable offense.

Intended as a commonsense measure to reduce the amount of money the state spends on incarceration, H.B. 254 would make possession of less than one ounce of marijuana a Class C misdemeanor. Under current law, possession of less than two ounces of marijuana is a Class B misdemeanor, punishable by up to six months in jail. Commenting on his bill, Rep. Dutton stated that Texas has "been tough on crime for the last decade or so, and now it's time to be a little bit smart on crime."

On March 15, the House Criminal Jurisprudence Committee heard testimony on H.B. 254, and on April 14, passed it favorably out of committee. Unfortunately, time ran out before H.B. 254 could get a vote in the House.

Help continue reform by taking action today.

This has been a great year, with plenty of success to roll into the 2007 session. Thank you for supporting the Marijuana Policy Project. Please pass this message along to friends and family in Texas.