Last night the Texas Senate unanimously approved HB 1535, which expands access to the Compassionate Use Program to include all cancer patients and those with PTSD. The bill also raises the cap on THC to 1% and establishes Institutional Review Boards to facilitate research and track the effectiveness of low-THC cannabis for participating patients.

While this is a step forward, it’s disappointing that the Texas Legislature continues to inch ahead while other states (most recently, Alabama!) take meaningful action to allow safe and legal access to medical cannabis. Texas patients deserve better, so we’ll keep fighting!

Learn more about this legislation and ask lawmakers to reinstate chronic pain as a qualifying condition!

Penalty Reduction for Cannabis Concentrates/Infused Products:
Rep. Moody’s HB 2593 is pending approval in the House after passing the Senate. Negotiations are being made to remove the delta-8 ban from the bill (if possible). More info here.

As the end of session draws near, many of us are left with a bitter sweet taste in our mouths. Don’t lose heart! Against all odds, advocates have worked to educate lawmakers and push for meaningful changes to our state law. In honor of all their hard work and perseverance, we are hosting an End of Session Party in Austin (May 31). I hope you’ll join us!

As we approach the end of the legislative session, we have seen the power of the grassroots. Thank you for your contributions to our movement for reform!

Two bills are nearing the finish line. Here’s the latest:

House Bill 1535 (expanding compassionate use) was finally given a hearing yesterday afternoon. It was amended and passed unanimously. The bill was amended to allow access for all patients with cancer and PTSD, but not chronic pain. Notably, they removed the provision that would have empowered the Department of State Health Services to add new qualifying conditions. Disappointingly, the committee also reduced the cap on THC from 5% to 1% by weight. Learn more and take action here.

HB 1535 is on today’s Intent Calendar in the Senate. This does not necessarily mean it’ll be voted on today — but it could!

House Bill 2593 (reducing penalties for THC concentrates/infused products) was passed by the House with bipartisan support. Controversially, the Senate added a provision that establishes a definition for “total THC” to include isomers like delta- 8 THC. If passed, products high in delta-8 THC would be subject to the same penalties as delta-9 THC.

Because it was amended, the House has two options: 1) accept changes or 2) establish a conference committee to reconcile differences (led by Rep. Moody). More info here.

We are taking the good with the bad and working to improve both of these bills as they make their way through the process. Please stay tuned to our emails for updates and action alerts!

Invitation: End of Session Party | Monday, May 31 at 4:20pm in Austin

The Texas Senate just approved HB 2593, a bill that significantly reduces penalties for cannabis concentrates and infused products! This is an historic moment in Texas!

Authored by Rep. Joe Moody and sponsored by Senator Nathan Johnson, HB 2593 has now that it has been approved by the Senate and, since it was amended, must be accepted by the House before being sent to the Governor.

The amendment made to the bill includes all ALL THC in the definition, so delta-8 THC products would be subject to the same penalties as delta-9 THC. The legality of delta-8 THC products was already in question after testimony from the Department of State Health Services during the hemp hearing. Here’s a memo published by the Commissioner John Hellerstedt, M.D. in January. More info from Texas NORML here.

Policy Overview:

• Currently, any amount of concentrated THC or cannabis infused product carries an automatic FELONY charge, compounding the already significant collateral consequences of a marijuana conviction.
• Under HB 2593, Possession of two ounces or less of THC concentrate or cannabis infused products would be a Class B Misdemeanor (same as current penalties for cannabis flower).
• THC concentrates include oils used in vape pens, tinctures, or infused lotions. Infused edible products like baked goods or lozenges are also included in this penalty group.

This wouldn’t be possible without the tremendous support of our grassroots movement. Great work, everyone!

Update: HB 2593 has been passed by the House and Senate. The bill was amended to effectively ban hemp-derived Delta-8 products. Rep. Moody will have a chance to accept or reject this amendment, but the clock is ticking and time is of the essence.

The Texas legislative session ends on Monday.
(Invitation: End of Session Party | Monday, May 31 at 4:20pm in Austin)

Follow this Facebook event for live updates and notifications.

Background

Currently, any amount of concentrated THC or cannabis infused product carries an automatic FELONY charge, compounding the already significant collateral consequences of a marijuana conviction.

As passed by the House and Senate State Affairs Committee, HB 2593 garnered broad support, including favorable testimony from Staley Heatley, District Attorney in Vernon, Texas, and numerous advocacy organizations.

Introduced by Speaker Pro Tem Joe Moody and Sponsored by Sen. Nathan Johnson, HB 2593 (as filed) would reduce the penalty for possession of cannabis concentrates and infused products (<2oz.) from a felony to a Class B Misdemeanor (same as current penalties for marijuana flower). This bill would cover cannabis oils used in vape pens, tinctures, or infused lotions. Edible products like baked goods or lozenges are also included in this penalty group.

Senate Amendment: Banning Hemp Derived Delta-8 THC

Driven by the Lt. Governor and Sen. Charles Perry, we were blindsided by an amendment on the Senate floor that seeks to ban Delta-8 products in Texas. The amendment sets the total THC for hemp and its products at 0.3 percent, including hemp derived Delta-8. Learn more about Delta-8.

The legality of delta-8 THC products has been called into question after testimony from the Department of State Health Services during the hemp hearing. Here’s a memo published by the Commissioner John Hellerstedt, M.D. in January. More info from Texas NORML here.

Here’s a video of the Senate debate (and delta-8 amendment) for HB 2593. And for reference, here’s a video of the Senate committee hearing on the hemp bill (HB 2948), which largely focuses on Delta-8.

Texas: Ask your legislators to pass Rep. Moody's HB 2593 as filed - No Delta-8 ban!

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Next Steps

HB 2593 was passed with a bipartisan supermajority in the Texas House and Senate. Since the bill was amended, the Texas House will have to accept the bill as amended or a conference committee will be established to reconcile differences. Once reconciled, the bill heads to Gov. Abbott’s desk for his signature.

Follow this Facebook event for live updates and notifications.

In advance of a hearing by the Senate State Affairs Committee on May 17th, Rep. Moody published the following message to advocates:

“I’m excited for the historic progress this movement has led to!”

“I really appreciate all of your support. Thank you for trusting me to shepherd this important legislation. The finish line is in sight.”

Please consider making a donation toward our work to reform marijuana laws in Texas. Thank you for your support!

With 15 days left in the session, several bills are still making their way through the process!

MONDAY: HB 2593, authored by Speaker Pro Tempore Joe Moody, would reduce possession of two ounces or less of THC concentrate or cannabis infused products from a felony to a Class B Misdemeanor. THC concentrates include oils used in vape pens, tinctures, or infused lotions. Infused edible products like baked goods or lozenges are also included in this penalty group. Arrests will be up to officer discretion. This bill is scheduled for a hearing on Monday, May 17th in the Senate State Affairs Committee.

Take Action:

• Share your support for HB 2593 with committee members.
• Submit your written testimony. If you have been arrested for cannabis concentrates, please be thoughtful and stay on the topic of penalty reduction. Try to be concise and keep it under one page
• Ask your senator to support this important legislation! This is important for when the bill advances to the Senate floor.

TUESDAY: HB 3948, authored by Representative Tracy King, would establish a hemp research program, address consumable hemp products and cleans up some language in the statute. This bill is scheduled for a hearing on Tuesday, May 18th in the Senate Water, Agriculture & Rural Affairs Committee.

Last week, the deadline for bills to make it out of the House passed. This means that no more bills can advance from that chamber. Here is where we stand in the Senate:

There are 30 days left in the 2021 legislative session and marijuana bills are on the move!

Three bills have been approved by the Texas House, including proposals to reduce penalties for possession (HB 2593, HB 441) and expand access to medical cannabis (HB 1535).

One very good bill has passed the House and Senate! HB 567 adds a new limitation on removals under Family Code, Section 262.116, that testing positive for marijuana use alone is not sufficient for removing a child from his or her home. HB 567 would protect parental rights and is currently awaiting Governor Abbott’s signature!

Other bills making their way through the process: paraphernalia decriminalization (HB 1178), cannabis insurance coverage for state employees (HB 4307), and additional proposals to reduce penalties for marijuana possession (HB 1086, HB 99, HB 3772).

Medical Cannabis

All bills (and descriptions) listed here. Details of HB 1535 here.
ACTION: Ask your senator to support medical cannabis!

Marijuana Penalty Reduction

All bills (and descriptions) listed here. Details on HB 441 here.
ACTION: Ask your senator to support marijuana penalty reduction!

Unfortunately, marijuana legalization bills have not yet been scheduled for a committee hearing. Stay tuned for updates.

Sign up for email alerts and make a donation to support our work advancing marijuana law reform!

Bipartisan Proposal: Penalty Reduction for Low-Level Marijuana Possession

House Bill 441 has been approved by the Texas House of Representatives and will soon be considered by the Senate!

The bill has bipartisan support and will reduce penalties for marijuana possession (1oz. or less). HB 441 eliminates the threat of arrest and jail time and establishes an opportunity for deferral, dismissal, and non-disclosure.

ACTION: Contact your senator in support of marijuana penalty reduction!

Joint Authors:

Representative Erin Zwiener (D)
Chairman James White (R) | Chairwoman Nicole Collier (D)
Chairman Harold Dutton (D) | Representative Steve Toth (R)

Policy Overview:

• Possession of an ounce or less of marijuana would be a Class C Misdemeanor, punishable by a fine of $500, but no arrest or jail time.

• Upon payment of fine and plea of no contentre (or guilty), a case will be automatically deferred once a year, allowing the individual to avoid a criminal record if the judge’s orders are followed.

• Dismissed cases would not generate a criminal record, which can follow a person for life and jeopardize employment prospects, housing, and educational opportunities. No automatic driver’s license suspension.

• The bill would not legalize or even decriminalize marijuana — it would simply change the penalty.

Criminal Penalties for Marijuana Possession Are Unreasonable

“I don’t want to see our jails stock piled with people who have possession of small amounts of marijuana.” – Governor Greg Abbott, 9/28/18

Texans overwhelmingly support reducing penalties

According to a 2021 report by the University of Houston’s Hobby School of Public Affairs, 77% of voters in Texas support a change in the law to limit punishment for the possession of small amounts of marijuana to
a fine of $250 without jail time.

Other states have successfully eliminated jail time for simple possession

● Twenty-seven states and the District of Columbia have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest possible misdemeanor, no possibility of jail time).

● Many of those laws have been on the books since the 1970s. They have been so non-controversial that several have been expanded.

Save tax-funded resources for serious crime

● Even after the legalization of hemp and with diversion programs in every major metro area of the state, DPS reports more than 45,000 arrests or citations for marijuana possession in 2019.

● During the same year, 92% of all burglaries — including home invasions — and 89% of all motor vehicle thefts went unsolved by law enforcement.

● Money spent enforcing current laws and arresting, jailing, and supervising people should instead be devoted to pursuing serious criminals.

Harsh penalties are unpopular, costly, and unfair

● A person found in possession of up to two ounces of marijuana faces up to six months in jail and a fine of up to $2,000.

● Racial disparity in marijuana law enforcement is alarming. Black Texans are 2.6 times more likely to be arrested, even though whites consume marijuana at about the same rate.

● A drug conviction for marijuana creates a permanent criminal record, carrying significant and lasting
collateral consequences.

Texas should eliminate collateral consequences of a criminal record

● Indirect consequences for possession can be worse than the punishment and can last a lifetime. Young adults can find careers, new job prospects, housing options, and educational opportunities cut short
because of a criminal record.

● More than half of the U.S. population has tried marijuana, including several who have gone on to become President of the United States. Those who get caught, however, can have their lives derailed
after getting a criminal record.

● Criminal records for simple marijuana possession has a significant effect on our economy by limiting
our workforce.

Marijuana is safer than alcohol; possession should not be criminalized in Texas

● Marijuana is less toxic, less addictive, and less harmful to the body. It does not contribute to violent and reckless behavior. Responsible adults should not be criminalized or incarcerated for choosing to
consume the safer substance.

● According to the DEA, “No deaths from overdose of marijuana have been reported.”

This week, the Texas House of Representatives will debate and vote on three cannabis bills!

Tuesday: House Bill 2593 would reduce penalties for cannabis concentrates. This proposal is incredibly important considering the outrageous felony charges currently assigned to even small amounts of cannabis oils, waxes, and infused edible products.

UPDATE: HB 2593 passed with a vote of 108-33. The bill is now on its way to the Senate for consideration.

Wednesday: Our representatives will consider HB 1535, a bill that aims to expand our state’s Compassionate Use Program. We support this legislation, but wish it went further. Click here to learn more about the bill, read our recommendations to improve the legislation, and contact your representative!

UPDATE: HB 1535 passed with an amendment to include all patients with PTSD, not just veterans. The bill was approved with a vote of 133-12 and advances to the Senate for consideration.

Thursday: The Texas House will vote on HB 441, which reduces penalties for possession of 1oz or less, making the offense a Class C Misdemeanor. It goes further to eliminate the threat of arrest and provides a chance for people to avoid a criminal conviction by offering an opportunity for deferral, dismissal, and non-disclosure.

UPDATE: HB 441 was approved by the Texas House! It advances to the Senate for consideration.

The House will convene at 10am every day this week, but there’s no way to know exactly when the cannabis bills will be considered. Watch the livestream here at 10am. Follow this Facebook event for live updates and notifications.

Several other bills are making their way through the process and may be coming up for a vote soon. Subscribe for email updates, notifications, and action alerts!

Chairman James White’s HB 3772 will be heard by the House Criminal Jurisprudence Committee on Monday, April 19. House Bill 3772 reduces penalties for low-level possession of cannabis flower AND concentrates.

Here’s how you can help:

1) ACTION ITEM: Ask your representative to co-author HB 3772!

2) Submit written comments electronically. These comments will be included in the official legislative record and are a great way for you to show your support. Comments can be as simple as, “I support this legislation. Thank you for your consideration and service!”

You could also include a personal testimonial if you or a loved one have been impacted by prohibition. Remember to keep it concise and always be respectful when communicating with lawmakers.
(Note: Comments are limited to 3000 characters.)

A live video broadcast of this meeting will be available here when the hearing begins at or after 1pm on Monday. Follow this Facebook event for live updates and a link to the live stream.

Thank you for your support!

Texans overwhelmingly support reducing penalties

According to a 2021 report by the University of Houston’s Hobby School of Public Affairs, 77% of voters in Texas support a change in the law to limit punishment for the possession of small amounts of marijuana to a fine of $250 without jail time.

Save tax-funded resources for serious crime

• Even after the legalization of hemp and with diversion programs in every major metro area of the state, DPS reports more than 45,000 arrests or citations for marijuana possession in 2019.
• During the same year, 92% of all burglaries — including home invasions — and 89% of all motor vehicle thefts went unsolved by law enforcement.
• Money spent enforcing current laws and arresting, jailing, and supervising people should instead be devoted to pursuing serious criminals.

Texas should eliminate collateral consequences of a criminal record

• Indirect consequences for possession can be worse than the punishment and can last a lifetime. Young adults can find careers, new job prospects, housing options, and educational opportunities cut short because of a criminal record.
• More than half of the U.S. population has tried marijuana, including several who have gone on to become President of the United States. Those who get caught, however, can have their lives derailed after getting a criminal record.
• Criminal records for simple marijuana possession has a significant effect on our economy by limiting our workforce.

It has been a busy week at the Capitol!

Marijuana Penalty Reduction

On Tuesday, eight bills aiming to reduce penalties for marijuana possession were heard in committee. Advocates were at the Capitol from 8:30am-6am for the very long day, but were able to provide valuable testimony for committee members.

If you’re counting, that was 21+ hours waiting to testify on all the bills. We are so grateful for their dedication!

TAKE ACTION: Contact your legislators in support of marijuana penalty reduction!

Medical Cannabis

Yesterday, HB 1535 (medical cannabis) was considered by the Public Health Committee. With two hours to freshen up, many of those same advocates were back at the Capitol to support the bill, which expands the Compassionate Use Program. While the bill doesn’t go as far as we’d like, we do support this effort and made some recommendations for improving the proposal.

The hearing was only 1 hour (watch here) and testimony was cut short. Elizabeth Miller, a patient who came to Austin from DFW to testify, was denied her opportunity to do so (@1:18:30) because the committee didn’t give her enough time – 30 seconds! – to get into the hearing room from the overflow room. This was VERY disappointing.

UPDATE: With a very uncommon move, the committee voted on HB 1535 on the same day as the hearing. They supported it unanimously and the bill advances now to the Calendars Committee to be scheduled for a vote by the House of Representatives. Sadly, there were no amendments made, but our representatives will have a chance to make amendments on the floor and senators can amend it later in the process.

TAKE ACTION: Contact your legislators in support of medical cannabis!

Texas Hemp

On Thursday, the Agriculture & Livestock committee considered HB 3948, which makes some changes to the Texas Hemp Program.

Amended language was presented by Rep. Tracy King at the hearing, removing several provisions that were alarming to stakeholders, including a ban on Delta 8 and Delta 10 products. Find more information here. When the hearing begins, you can watch the livestream here and submit public comment here.

For live updates, follow this Facebook event page!