House Speaker signals the House will take up several reforms in 2021

Last update: January 14, 2021

The Texas Legislature convened its 2021 legislative session on January 12. Lawmakers pre-filed several bills that would reform Texas’ outdated cannabis laws.

These pieces of legislation range from getting rid of the current THC cap on medical cannabis and allowing doctors to prescribe medical cannabis for any condition to legalizing, taxing, and regulating cannabis for adults 21 and older. Another proposal would decriminalize possession of up to one ounce of cannabis.

House Speaker Dade Phelan (R) noted that some of these reforms will gain traction in the House, and Lieutenant Governor Dan Patrick, who presides over the Senate, signaled that he’s open to some medical cannabis expansion this session.

Texas is now one of only 14 states with no effective medical cannabis law, and one of only 19 that still imposes jail time for simple possession of cannabis. Make sure your lawmakers know this issue matters to voters; ask them to support cannabis policy reform in the 2021 session!

Medical: Ask your state legislators to support a compassionate, comprehensive medical cannabis program.

Decriminalization: Let your lawmakers know it’s time to stop arresting marijuana consumers: Ask them to support changing the penalty for possession from possible jail time to a civil fine.

Legalization: Urge your lawmakers to end cannabis prohibition in Texas and legalize, tax, and regulate cannabis for adults. 

Austin City Council approves ordinance to end most low-level marijuana arrests

In January 2020, the Austin City Council unanimously passed a resolution that limits enforcement action for low-level marijuana possession offenses.

This resolution does the following:

• Commits to not wasting city resources on testing THC levels for low-level marijuana offenses; and
• To the extent allowable under state law, stops the Austin Police Department from citing and arresting people for marijuana possession cases they know will be rejected by prosecutors.

Still, statewide reform to decriminalize marijuana is long overdue. According to an ACLU report, Texas had the highest total number of marijuana possession arrests in 2018, and Black people are arrested at 2.6 times the rate of white people. Ask your lawmakers to support replacing criminal penalties with civil fines for marijuana possession.

Please also check out our coalition partners at Texans for Responsible Marijuana Policy, who are leading the charge for both medical cannabis and civil penalties.

Texas launches low-THC medical marijuana program, but few can participate

In early 2018, the first sales of low-THC medical cannabis began in Texas, pursuant to the Compassionate Use Program. While the program is surely helping some patients, it is flawed, extremely limited, and leaves most patients behind.

Initially, only patients who suffered from serious seizure conditions could participate, leaving behind a huge number of Texans who suffer from other conditions, including cancer, PTSD, and many who will otherwise have to rely on opioid-based medicine. While the law was improved somewhat in 2019, when additional qualifying conditions were added, major flaws remain.

The law unnecessarily puts physicians at risk: State law requires physicians to write prescriptions for marijuana products, yet prescriptions for cannabis are clearly illegal under federal law, placing doctors at potential risk.

As noted, it is also limited to very low-THC cannabis.

Finally, the state approved only three companies to operate medical cannabis businesses in the entire state. Each serves as cultivator, processor, and dispensary for those patients in Texas who qualify.

In past years, lawmakers have proposed comprehensive programs, but none have passed. Let your lawmakers know voters expect them to do better in 2021.

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