TX Cannabis

Cannabis Decriminalization Spreads Through Texas 

Though adult-use cannabis remains illegal in Texas and medical cannabis is still limited, public sentiment is shifting in favor of increased access to cannabis in the Lone Star State. In addition to medical cannabis becoming more accessible and psychoactive cannabinoids like delta 8 THC declared legal, more cities are pushing to decriminalize the possession of cannabis. There do not appear to be any sweeping changes to state cannabis laws on the immediate horizon, though these smaller-scale changes on the local level stand as a step in the right direction for those hoping for change. 

Current Status 

Adult-use cannabis remains illegal in the state of Texas as of 2022, however, like in many other states, there are exceptions that present opportunities for future policy changes. Within the past couple of years, medical cannabis has gained traction with Texas lawmakers. Specifically, bills such as HB 1535 and HB 1802 represent progress in that the medicinal benefits of cannabis that are becoming clear and more widely accepted. In short, these bills allow for the use of stronger medical cannabis (up to 5% THC content) as well as 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 stay 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 recreational cannabis 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 (about 113.4 g)) can be cited and let go instead of being placed under arrest. These municipalities include 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 locales vary, with some just issuing citations and summons, similar to a speeding ticket, and others issuing fines and requiring defendants to attend cannabis awareness classes. Regardless, these outcomes are much more favorable for Texans who get caught with cannabis because unlike in prior years, these convictions do not go onto one’s criminal record. 

Future of TX Cannabis 

While it is no secret that TX cannabis 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 reaches across party lines with bipartisan support, further illustrating that Texans are warming up to the idea of a legal market.  

On a smaller scale, in addition to the many locales 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 far less severe. 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 at 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 no shot 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 are allowing for Texans to come out in support of legalizing a TX cannabis market.

How Can Sapphire Risk Help?

Tony Gallo and the team of experts and consultants at Sapphire Risk Advisory Group have worked to secure medical marijuana and recreational cannabis businesses in 37 states. Follow us on social media to stay up to date with more security best practices and cannabis industry updates!