Texas Lawmaker Files Recreational Cannabis Legalization Bill
A Texas lawmaker last week introduced legislation to legalize recreational cannabis for adults. The measure, HB 195, was filed in the Texas House of Representatives by Democratic Rep. Jessica González on July 24.
González filed the new bill as the Texas legislature met in a special session called by Republican Gov. Greg Abbott. The governor called for the special session last month to renew deliberations on several issues from this year's regular legislative session, including the regulation of hemp products marketed for human consumption.
HB 195 Legalizes Weed For Adults
If passed by the legislature and signed into law, HB 195 would legalize recreational marijuana in Texas for adults aged 21 and older, online cannabis news source Marijuana Moment reported on Thursday. The measure would allow adults to possess up to 2.5 ounces of cannabis, including up to 15 grams of marijuana concentrates. Adults would also be permitted to share the same quantities of cannabis, provided such exchanges are not advertised, promoted or paid for.
Adults would be permitted to keep up to 10 ounces of cannabis at home, although amounts over 2.5 ounces would have to be kept in a locked or secured area. The measure does not legalize home cannabis cultivation, however.
Legislation Authorizes Regulated Sales Of Recreational Marijuana
The legislation also legalizes commercial production and sales of recreational cannabis, which would be regulated by the Texas Department of Licensing and Regulation (DLR). The agency would be tasked with issuing licenses for cannabis growers, transporters, testing facilities, processors and retailers, beginning no later than November 1, 2026.
The Texas Commission of Licensing and Regulation, which oversees the DLR, would be responsible for drafting regulations to govern the cannabis industry. The bill mandates the adoption of regulations covering several issues, including requirements for child-resistant packaging. Marijuana product packaging would also be required to be labeled as cannabis and would be barred from resembling the packaging of commercial candy products.
The commission would also be required to develop regulations for a track-and-trace system to monitor cannabis products as they travel through the supply chain. The legislation also mandates rules covering the security of cannabis facilities, restricting dangerous pesticides, and the advertising and display of cannabis products.
HB 195 also mandates the distribution of taxes and fees collected from the legal cannabis industry. The DLR would receive 10% of revenue to oversee and administer the state's legal cannabis program. Another 10% would go to the Texas Department of Safety to oversee cannabis laboratory testing, while 20% would go to municipalities and counties with at least one licensed cannabis business. The remainder of revenue collected would be earmarked for the Texas Education Agency's Foundation School Program.
The Texas State Capitol in Austin.
Bill Gives Local Governments Some Control Over Cannabis Businesses
Cannabis businesses would only be permitted in jurisdictions where the local government has authorized commercial cannabis activity. Local governments would also be allowed to set rules governing the number, operating hours and location of cannabis businesses in their jurisdiction.
The legislation allows property owners to ban cannabis smoking on the premises. However, bans on other forms of cannabis consumption, cannabis possession or marijuana paraphernalia are not permitted.
The bill does not legalize consuming cannabis in a motor vehicle, watercraft or aircraft. Consuming cannabis in a public place would also remain illegal except in areas authorized by local governments.
Texas Cannabis Activists Laud New Legalization Bill
Heather Fazio, director of the Texas Cannabis Policy Center, applauded the introduction of HB 195.
'As we continue the conversation about hemp regulation, we appreciate Rep. Gonzalez's bill to simply legalize and regulate cannabis across the board,' Fazio told Marijuana Moment. 'Her bill cuts to the chase: cannabis should be legal for adult use. Not more arrests. No more criminal records. And no more confusing policies. Just safe, legal cannabis in Texas.'
HB 195 is awaiting assignment to a legislative committee in the Texas House of Representatives. If the measure is passed and signed into law, Texas will join the 24 states that have legalized recreational marijuana. Last month, lawmakers significantly expanded the state's medical cannabis program, making the Lone Star State the 40th state to adopt comprehensive medical marijuana legalization.
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