88th Texas Legislature

The 88th Texas Legislature is currently in session. The 140th and final day of the 88th legislative session, known as “Sine die” is May 29, 2023.

Now is the time to take action and ensure that your representative and senator know about your support for cannabis law reform!

Select your issue below to write your elected officials in the Texas legislature. Please note that if you have a newly elected official from the November election they may not be available at this time and you are encouraged to check back soon.

Submit your testimony to be included in hearing binders. (Coming Soon)

Our goals for the 88th Texas Legislature include: 

• Reduce/remove penalties for low level cannabis possession. This includes enacting provisions to eliminate the threat of arrest, loss of drivers license, criminal record, and discrimination.
  
• Reduce/remove the excessively harsh penalties associated with the possession of cannabis concentrates.
  
• Improve the Texas Compassionate Use Program so that doctors can decide which conditions and symptoms could benefit from medical cannabis, remove the arbitrary THC cap (currently at 1%), and solidify patient protections.
  
• Creating a regulated retail cannabis market for adults 21 years of age and older which ensures a reasonable tax rate, embraces free market values, provides consumer protections, and does not arbitrarily limit access to licenses.
  
• Institute updated policies on government workplace drug testing since testing for THC is no longer feasible with a thriving Texas hemp market which allows 0.3% THC.
  
• Address disparities in policing for cannabis offenses.
  
• Allow for expunction for all previous arrests and charges for cannabis.
  
• Remove penalties for paraphernalia.

Register for the free Virtual Advocacy Workshop on January 21, 2023.

This virtual event is dedicated to educating and empowering individuals who want to effectively advocate for cannabis in Texas.

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Bills for the 88th legislative session in 2023 are currently being filed. The deadline to file a bill is March 10th.

Medical Cannabis Bills

SB 121 by Sen. José Menéndez seeks to let doctors decide who should be a qualified patient. It creates protections for medical cannabis patients and caregivers. Additionally, it creates a Medical Cannabis Research Advisory Board.

SB 127 by Sen. Carol Alvarado seeks to let Doctors decide who should be a qualified patient. It creates parental protections for medical cannabis patients.

HB 1200 by Rep. Ron Reynolds seeks to authorize the medical use of marijuana for patients who have a qualifying condition or whose doctor deems the use of medical cannabis beneficial for their condition. It further removed the current THC cap of 1% by weight. The legislation allows for home cultivation. The bill also includes certain patient and parental protections.

HB 1805 Rep. Klick and its companion SB 1747 by Sen. Perry seek to expand the Compassionate Use Program by adding chronic pain as a qualifying condition and increasing the THC content by dry weight from 1% to 5%. It would further allow the Department of State Health Services to designate qualifying conditions instead of legislators deciding them every two years.

House Bill 3068 by Rep. Jones seeks to allow the prescription of low-THC cannabis containing not more than 5% by weight of tetrahydrocannabinols. The Department of State Health Services is charged with determining specific medical conditions that qualify for the prescription of low-THC cannabis.​

House Bill 2995 by Rep. Raymond seeks to allow the prescription of cannabis for medical use to certain veterans with combat-related injuries or medical conditions under the Texas Compassionate Use Program.

House Bill 3535 expands the list of qualifying medical conditions for the use of low-THC cannabis in the state of Texas to include Parkinson’s disease, cerebral palsy, brain tumors, vascular insult to the brain, a spinal cord disorders, traumatic brain injury, post-polio syndrome, muscular dystrophy, myasthenia gravis, peripheral neuropathy Huntington’s disease, Friedreich’s ataxia, and spinocerebellar degeneration as qualifying conditions.

Penalty Reduction Bills

HB 218 by Rep. Joe Moody reduces the penalties for possession of 1 oz or less of cannabis flower or cannabis concentrates while also instructing officers to no longer make arrests for the possession of personal use amounts of either marijuana or related paraphernalia. Additionally, it facilitates a process for the expungement of past marijuana charges.

HB 127 by Rep. Terry Canales and companion SB 87 by Sen. Nathan Johnson, along with HB 1347 by Rep. Joe Moody seek to reduce penalties for concentrates from a blanket 1st-degree felony to a lesser punishment depending on the amount possessed.

HB 224 by Rep. Diego Bernal – Relating to removing criminal penalties for the possession or distribution of certain drug paraphernalia under the Texas Controlled Substances Act.

HB 382 by Rep. Nicole Collier – Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.

HB 388 by Rep. Senfronia Thompson – seeks to reduce the penalties of possession of 2 oz or less of marijuana while also striking certain enhancements.

HB 520 by Rep. Gene Wu seeks to remove and reduce penalties related to multiple levels of possession of cannabis flower.

SB 208 by Sen. Sarah Eckhardt reduces penalties related to activities involving the delivery and possession of cannabis flowers.

HB 1402 by Rep. Joe Moody seeks to reduce penalties for possession of cannabis flower. The bill lowers possession of 4oz or less to a Class B Misdemeanor and between 4oz to 5 lbs to a Class A Misdemeanor.

HB 1341 by Rep. Wu seeks to regulate the transportation of hemp in the state, repeals certain state statutes that refer to cannabis, hashish, and hashish oil as a controlled substance and allows for cannabis consumption. The bill also repeals certain offenses and removes certain regulations relating to cultivation, manufacturing, delivery, and possession of cannabis. Additionally, this bill does not allow for sole cannabis use to be the determining factor for terminating parental rights, as long as the parent/guardian abides by Texas law.

House Bill 2601 by Rep. Garcia reduces penalties for possessing less than 2 oz of marijuana. This bill removes class B misdemeanors (possession of less than two oz.) and establishes a class C misdemeanor for possessing less than 4oz of marijuana. 

Legalization Bills

SB 209 by Sen. Sarah Eckhardt seeks to regulate the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products. Those 21 and up could possess up to 2.5 oz of cannabis flower or 15 g of cannabis concentrates. It would also allow the home cultivation of up to 12 plants. It creates parental protections for legal cannabis consumers.

HB 1831 by Rep Talarico seeks to legalize the cultivation, possession, use, and sale of up to 2.5 oz of marijuana, with not more than 15 grams of that amount being in the form of cannabis concentrate for those over the age of 21. Adults can cultivate up to 12 plants in a private residence, where the plant is enclosed with locks and is not visible from a public place. The legislation will also allow for the expungement of any previous offense that would now be legal.  A 10% tax will be implemented on cannabis sales and distributed to further cannabis research and regulation offices.

House Bill 1937 by Rep. Jessica Gonzalez seeks to legalize the cultivation, possession, use, and sale of up to 2.5 oz of marijuana, with not more than 15 grams of that amount being in the form of cannabis concentrate for those over the age of 21. A 10% tax will be implemented on cannabis sales.

House Bill 3652 by Rep Moody legalize, regulate, and tax cannabis and cannabis products in the state of Texas. Those 21 and up could possess up to 2.5 oz of cannabis flower or 15 g of cannabis concentrates. It would also allow the home cultivation of up to 12 plants. A 10% tax will be implemented on cannabis sales.

Miscellaneous

House Bill 2562 by Rep. Mihaela Plesa seeks to require certain groups of benefits plans offered to government employees to cover low-THC cannabis.

HB 1250 by Rep. Plesa seeks to increase the number of dispensing organization license holders under the Texas Compassionate-Use Program from three to six.

HB 513, SB 1482and HB 2107 – Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.

SB 264 by Sen. Charles Perry – Relating to the production, sale, distribution, delivery, and regulation of consumable hemp products.

SB 321 by Sen. Charles Perry – Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

HB2857 by Rep Dutton seeks to make the removal of a public school student from the classroom for engaging in conduct involving the possession of 2oz of marijuana or less optional rather than mandated. 

Joint Resolutions

What is a Joint Resolution? A joint resolution is used legislative measure used to propose amendments to the Texas Constitution and requires a super majority in both chambers of the legislature to be adopted but does not require action by the governor. Before becoming effective, the provisions of joint resolutions proposing amendments to the Texas Constitution must be approved by the voters of Texas.

SJR 22 by Sen. Sarah Eckhardt and its companions HJR 89 and HJR 91 propose a constitutional amendment to direct the legislature to authorize and regulate the possession, cultivation, and sale of cannabis for adults. If the legislation passed both chambers with a super-majority, the following ballot measure would appear on the November 2024 ballot: “The constitutional amendment directing the legislature to authorize and regulate the possession, cultivation, and sale of cannabis.”

HJR 118 by Rep. Ron Reynolds propose a constitutional amendment to to authorize and regulate the possession, cultivation, and sale of cannabis for medical use.