While adult-use cannabis remains illegal and medical marijuana is still restricted, public sentiment continues to shift in a favorable direction for proponents of an expanded TX cannabis market. In addition to medical marijuana becoming more accessible and psychoactive cannabinoids like delta 8 THC being declared legal, more cities are pushing to decriminalize the possession of cannabis.
While there do not appear to be any sweeping changes to state cannabis laws on the immediate horizon, these smaller scale changes stand for a step in the right direction for those hoping for change in the Lone Star State.
Current Status
Adult-use cannabis remains illegal in the state of Texas as of June 2022, however, like many other states, there are exceptions that present opportunities for future policy changes. Within the past couple of years, medical marijuana has gained traction with Texas lawmakers. Specifically, bills such as HB 1535 and HB 1802 represent progress in that the medicinal benefits of marijuana are becoming clear and more widely accepted. In short, these bills allow for the use of stronger medical marijuana (up to 5% THC content) and for a wider range of conditions that physicians can prescribe medical cannabis for compared to years prior.
In addition, delta-8 THC, THC-O, HHC, and other hemp derived cannabinoids remain legal in Texas despite facing legal challenges earlier in the year. These psychoactive cannabinoids have become a staple at smoke shops across the Lone Star State thanks to HB 1325, a hemp bill that was passed in 2019 allowing for the legalization of hemp and the sale of hemp-derived cannabinoids. This market remains unregulated and unlike traditional delta-9 cannabis, these products can sometimes be bought and shipped across state lines.
While Texas marijuana is illegal on the state level, many municipalities have decriminalized possession of THC to the point where people caught with personal amounts of cannabis (under 2-4 ounces/~113.4 g) can be cited and let go, instead of being placed under arrest. This includes cities such as Houston, Austin, Dallas, El Paso, and San Antonio, as well as counties like Nueces and Travis Counties. Punishments for possession of cannabis in these localities vary, with some just issuing citations and summons, similar to a speeding ticket, and others issuing fines and requiring individuals attend cannabis awareness classes. Regardless, these outcomes are much more favorable for Texans who get caught with cannabis because unlike previous years, these convictions do not go onto one’s criminal record.
Future of Texas Marijuana
While it is no secret that Texas medical marijuana is rather restricted compared to most states, it is important to note that public sentiment is changing and the stigmas around cannabis appear to be lifting. In fact, according to a recent survey from the University of Texas at Tyler, 83% of Texans now support the legalization of medical cannabis, while 60% say they are in favor of legalizing adult-use recreational cannabis. According to the survey, this sentiment stretches across party lines with bipartisan support, further illustrating that Texans are warming up to the idea of a legal cannabis market.
On a smaller scale, in addition to the many localities that have already decriminalized cannabis, five more cities will be voting on decriminalization during the November midterm election. Residents of Harker Heights, San Marcos, Killeen, Denton, and Elgin will have the opportunity to vote on whether they want to see law enforcement policy changes that allow for the penalties surrounding cannabis encounters to be reduced. These policy changes involve issuing citations in lieu of felony charges and allowing suspects to go without arrest.
Despite the several municipalities that will be voting on cannabis policy changes this November, not much looks to be up for change on the state level. This is because Texas state laws are passed every two years during legislative sessions of 140 days (about 4 and a half months). With the next legislative session scheduled to begin in January of 2023, there is little chance of anything changing in the meantime due to no mention of statewide cannabis policy on the ballot this fall. With that being said, public sentiment, local laws, and the further development of cannabis-derived medicine is allowing for increased Texans to come out in support of legal a Texas marijuana market.
How Can Sapphire Risk Help?
Tony Gallo and the team at Sapphire Risk Advisory Group have over 30 years of security experience and expertise. Sapphire has worked in 35 states, including Texas. Follow us on social media to stay up to date with Texas cannabis industry updates!
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