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Texas House to Vote on Marijuana Decriminalization Bill as Committee Considers Broader Legalization Plan

April 25, 2023 by Kyle Jaeger

On Wednesday, the Texas House of Representatives is set to vote on a decriminalization bill for marijuana. This will be on the same day a committee plans to discuss a proposal to legalize cannabis sales in general.

Rep. Joe Moody’s (D) decriminalization bill, which also includes a process to expunge marijuana conviction records, will be voted on by the full House.

The House Licensing & Administrative Procedures Committee is holding an hearing on a second bill by Moody. This would allow adults over 21 to purchase and possess cannabis from licensed retailers and to cultivate 12 plants up to their personal use.

It has been about a week since the House Criminal Jurisprudence Committee unanimously approved the decriminalization bill. The bill would eliminate the possibility of jail time or arrest for low-level cannabis possession and allow people to erase cannabis from their criminal record.

The House has passed similar decriminalization bills in the two previous legislative sessions. These were 2021 and 2019 respectively. The has been stalled by the Lt. Governor in the Senate . Dan Patrick (R), the Republican who preside over the chamber, is the one to watch.

The bill that is headed to the floor, HB 218, combines the two measures passed by the House in the last session.

The proposed law would reduce the punishment for possession of up one ounce marijuana to a Class C misdemeanor. Instead of facing jail time, it would impose a maximum $500 fine. The current law defines possession of small quantities of cannabis as a class B misdemeanor punishable by up to 180-days in jail or a maximum fine of $2,000

In addition, the bill specifies that possession up to two ounces cannabis will not lead to an arrest. Instead, violators are cited and released. For a fee of $30, those with convictions for possession up to two ounces marijuana can have their convictions expunged.

The legalization bill, which is headed to committee, would allow adults to buy, possess, and give away up to 2.5 ounces cannabis. The bill would allow adults to grow up 12 plants as long as the plants are kept in an enclosed, secure space.

The Licensing & Administrative Procedures Committee will hold a public hearing on the HB 3652, an adult-use cannabis bill, by Rep Joe Moody from El Paso. This is scheduled to take place on Wednesday, 4/26. The bill allows for up to 12 home-grown plants.

Texas Cannabis Collective (@txcannaco April 22, 2019

Texas Department of Licensing and Regulation will be responsible for the administration of the program. This includes developing a licensing process for marijuana businesses.

The Bill (HB 3562) proposes a tax of 10 percent on cannabis products. Revenue would be distributed to local municipalities that operate marijuana businesses (10%), counties in which these businesses are located (10%), a “cannabis quality control and testing fund” (1%) and administrative costs. The remaining funds would go to a fund for public school teachers.

Localities could not ban marijuana businesses, but they could establish rules “governing hours of operation and location, the manner of conducting business and the number of cannabis growers or cannabis establishments in their area.”

The bill does not appear to propose any specific measures to support social justice goals, including expungements and licensing priority for those from communities who have been disproportionately affected by the drug war.

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Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

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The House passed a separate bill earlier this month to allow people with chronic pain to use medical marijuana instead of opioids and to replace the THC limit set by the state. This legislation was then sent to the Senate to be considered.

According to a University of Texas/Texas Politics Project survey conducted in December, nearly 3 out of 4 Texas voters (72%) support decriminalizing cannabis. Over half (55%) of respondents said they support a broader legalization. Seventeen percent of respondents said that it should not be legalized at all.

The same institution conducted a more recent poll that showed that the majority of Texas voters felt that state marijuana laws should “be less strict”.

Texas legislators also filed a number of new bills recently aimed at expanding and promoting psychedelics in the state.

On a local level, activists in Texas have been successful in passing municipal cannabis reform policies. In November, voters in five Texas cities — Denton, Elgin and Harker Heights , Killeen, San Marcos , passed ballot measures decriminalizing marijuana.

Local officials in those municipalities have attempted to undermine the cannabis measures that voters approved, but

Next month, voters in San Antonio will decide whether to decriminalize cannabis.


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Photo by WeedPornDaily.

The article Texas House to Vote on Marijuana Legalization Bill , as Committee takes up a Broader Legalization Proposal first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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