Cannabis in Texas: Difference between revisions
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{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] --> |
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{{Short description|Overview of the use and culture of cannabis in Texas, U.S.}} |
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{{use mdy dates|date=April 2021}} |
{{use mdy dates|date=April 2021}} |
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[[File:State Capital Protest.jpg|right|thumb|2012 pro-cannabis protest in Austin]] |
[[File:State Capital Protest.jpg|right|thumb|2012 pro-cannabis protest in Austin]] |
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[[File:20170201 194931-90-JohnsCBD in Houston TX.jpg|thumb|217x217px|The 2017 Houston, Texas |
[[File:20170201 194931-90-JohnsCBD in Houston TX.jpg|thumb|217x217px|The 2017 Houston, Texas Cannabidiol Superbowl Conference. A panel of scientists, along with 7 ex-NFL players presented a case for using CBD products.]] |
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'''Cannabis in Texas''' is illegal for [[Legalization of non-medical cannabis in the United States|recreational use]]. Possession of up to two ounces is a class B [[misdemeanor]], punishable by up to 180 days in prison and a fine of up to $2000.<ref>{{cite web |title=Texas Laws & Penalties |url=https://norml.org/laws/item/texas-penalties-2 |website=NORML |access-date=July 25, 2019}}</ref><ref>{{cite web |
'''Cannabis in Texas''' is illegal for [[Legalization of non-medical cannabis in the United States|recreational use]]. Possession of up to two ounces is a class B [[misdemeanor]], punishable by up to 180 days in prison and a fine of up to $2000.<ref>{{cite web |title=Texas Laws & Penalties |url=https://norml.org/laws/item/texas-penalties-2 |website=NORML |access-date=July 25, 2019 |archive-date=July 25, 2019 |archive-url=https://web.archive.org/web/20190725103554/https://norml.org/laws/item/texas-penalties-2 |url-status=live }}</ref><ref>{{cite web|title=Penal Code Offenses by Range|url=https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf|website=Texas Attorney General's Website|access-date=August 10, 2021|archive-date=November 5, 2021|archive-url=https://web.archive.org/web/20211105030046/https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf|url-status=live}}</ref><ref>{{Cite web |title=PENAL CODE CHAPTER 12. PUNISHMENTS |url=https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm |access-date=2022-08-23 |website=statutes.capitol.texas.gov |archive-date=August 18, 2022 |archive-url=https://web.archive.org/web/20220818214853/https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm |url-status=live }}</ref> Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however. |
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[[Medical cannabis in the United States|Medical use]] is allowed only in the form of low-[[Tetrahydrocannabinol|THC]] cannabis oil, less than 1% THC with a doctor's approval and less than 0.3% THC without. Legislation allowing for medical use was first approved in 2015. |
[[Medical cannabis in the United States|Medical use]] is allowed only in the form of low-[[Tetrahydrocannabinol|THC]] cannabis oil, less than 1% THC with a doctor's approval and less than 0.3% THC without. Legislation allowing for medical use was first approved in 2015. |
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==History== |
==History== |
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===Early history=== |
===Early history=== |
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[[John Gregory Bourke]] described the use of "mariguan", which he identifies as ''Cannabis indica'' or Indian hemp, by Mexican residents of the [[Rio Grande]] region of [[Texas]] in 1894. He described its uses for treatment of asthma, to expedite delivery, to keep away witches, and as a love-philtre. He also wrote that many Mexicans added the herb to their cigarritos or [[Mezcal|mescal]], often taking a bite of sugar afterward to intensify the effect. Bourke wrote that because it was often used in a mixture with [[toloachi]] (which he inaccurately describes as ''[[Datura stramonium]]''), mariguan was one of the several plants known as "[[loco weed]]". Bourke compared mariguan to hasheesh, which he called "one of the greatest curses of the East", citing reports that users "become maniacs and are apt to commit all sorts of acts of violence and murder", causing degeneration of the body and an idiotic appearance, and mentioned laws against sale of hasheesh "in most Eastern countries".<ref>{{cite journal|url=https://books.google.com/books?id=KQMpAAAAYAAJ&pg=PA138|title=Popular medicine, customs, and superstitions of the Rio Grande|author=John G. Bourke|date=January 5, 1984|journal=Journal of American Folklore|volume=7–8|page=138}}</ref><ref>{{cite web|url= |
[[John Gregory Bourke]] described the use of "mariguan", which he identifies as ''Cannabis indica'' or Indian hemp, by Mexican residents of the [[Rio Grande]] region of [[Texas]] in 1894. He described its uses for the treatment of asthma, to expedite delivery, to keep away witches, and as a love-philtre. He also wrote that many Mexicans added the herb to their cigarritos or [[Mezcal|mescal]], often taking a bite of sugar afterward to intensify the effect. Bourke wrote that because it was often used in a mixture with [[toloachi]] (which he inaccurately describes as ''[[Datura stramonium]]''), mariguan was one of the several plants known as "[[loco weed]]". Bourke compared mariguan to hasheesh, which he called "one of the greatest curses of the East", citing reports that users "become maniacs and are apt to commit all sorts of acts of violence and murder", causing degeneration of the body and an idiotic appearance, and mentioned laws against sale of hasheesh "in most Eastern countries".<ref>{{cite journal|url=https://books.google.com/books?id=KQMpAAAAYAAJ&pg=PA138|title=Popular medicine, customs, and superstitions of the Rio Grande|author=John G. Bourke|date=January 5, 1984|journal=Journal of American Folklore|volume=7–8|page=138}}</ref><ref>{{cite web|url=https://collections.si.edu/search/results.htm?q=record_ID:nmnhanthropology_8342891|title=(Record of "marijuan" sample submitted by Bourke to the National Museum, 1892)}}</ref><ref>Bourke cites an anonymous writer in the "Evening Star", Washington, D. C., January 13, 1894 for additional remarks on the use of mariguan and [[Jamestown weed]] by inhabitants of the area.</ref> |
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===1915 El Paso ban=== |
===1915 El Paso ban=== |
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The Texas city of [[El Paso]] was the first American city to individually restrict cannabis, in 1915. The scene for this city ban was set in 1913, when a man killed a police officer in neighboring [[Ciudad Juarez]], Mexico, while chasing an El Paso couple.<ref>{{cite web|author=Aaron Martinez |url=http://www.elpasotimes.com/story/news/local/2015/06/02/100-years-after-el-paso-becomes-first-city/31234363/ |title=100 years after El Paso becomes first city in U.S. to outlaw pot, debate remains the same |publisher=Elpasotimes.com |date=June 2, 2015 |access-date=October 27, 2016}}</ref> Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements: |
The Texas city of [[El Paso]] was the first American city to individually restrict cannabis, in 1915. The scene for this city ban was set in 1913, when a man killed a police officer in neighboring [[Ciudad Juarez]], Mexico, while chasing an El Paso couple.<ref>{{cite web |author=Aaron Martinez |url=http://www.elpasotimes.com/story/news/local/2015/06/02/100-years-after-el-paso-becomes-first-city/31234363/ |title=100 years after El Paso becomes first city in U.S. to outlaw pot, debate remains the same |publisher=Elpasotimes.com |date=June 2, 2015 |access-date=October 27, 2016 |archive-date=March 22, 2023 |archive-url=https://web.archive.org/web/20230322023753/https://www.elpasotimes.com/story/news/local/2015/06/02/100-years-after-el-paso-becomes-first-city/31234363/ |url-status=live }}</ref> Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements: |
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<blockquote>''One under its influence is devoid of fear and as reckless of consequences or results. There are instances where the drug crazed victim has been placed in jail, but in many cases officers have been compelled to slay the fiend in order to save their own lives. ... A large percentage of the crimes committed are by men saturated with the drug... Most Mexicans in this section are addicted to the habit, and it is a growing habit among Americans.''<ref>{{cite news|last1=Chesey|first1=Bob|title=Stanley Good and El Paso's 1915 marihuana ordinance|url=http://newspapertree.com/articles/2014/01/09/stanley-good-and-el-pasos--marihuana-ordinance|work=Newspaper Tree|date=January 9, 2014|url-status=bot: unknown|archive-url=https://web.archive.org/web/20160411055744/http://newspapertree.com/articles/2014/01/09/stanley-good-and-el-pasos--marihuana-ordinance|archive-date=April 11, 2016}}</ref></blockquote> |
<blockquote>''One under its influence is devoid of fear and as reckless of consequences or results. There are instances where the drug crazed victim has been placed in jail, but in many cases officers have been compelled to slay the fiend in order to save their own lives. ... A large percentage of the crimes committed are by men saturated with the drug... Most Mexicans in this section are addicted to the habit, and it is a growing habit among Americans.''<ref>{{cite news|last1=Chesey|first1=Bob|title=Stanley Good and El Paso's 1915 marihuana ordinance|url=http://newspapertree.com/articles/2014/01/09/stanley-good-and-el-pasos--marihuana-ordinance|work=Newspaper Tree|date=January 9, 2014|url-status=bot: unknown|archive-url=https://web.archive.org/web/20160411055744/http://newspapertree.com/articles/2014/01/09/stanley-good-and-el-pasos--marihuana-ordinance|archive-date=April 11, 2016}}</ref></blockquote> |
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===1919 Sale restricted=== |
===1919 Sale restricted=== |
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In 1919, legislation was enacted to prohibit the transfer of narcotics, including cannabis, for non-medical use.<ref name="Davenport-Hines2003">{{cite book|author=Richard Davenport-Hines|title=The Pursuit of Oblivion: A Global History of Narcotics|url=https://books.google.com/books?id=dFRd2MMrtiUC&pg=PA239|date=November 10, 2003|publisher=W.W. Norton|isbn=978-0-393-32545-4|pages=239–}}</ref> Transfer of cannabis in this manner was made a misdemeanor crime;<ref name="ngccpra">{{citation |title=Marijuana: A Study of State Policies and Penalties |url=https://www.ncjrs.gov/pdffiles1/Digitization/43880NCJRS.pdf |publisher=National Governors' Conference Center for Policy Research and Analysis |date=November 1977}}</ref> however, possession of the drug still remained legal.<ref name="shafer">{{citation |title=Marihuana: A Signal of Misunderstanding |url=http://www.druglibrary.org/schaffer/Library/studies/nc/nc2_2.htm |publisher=National Commission on Marihuana and Drug Abuse |date=March 1972}}</ref> |
In 1919, legislation was enacted to prohibit the transfer of narcotics, including cannabis, for non-medical use.<ref name="Davenport-Hines2003">{{cite book|author=Richard Davenport-Hines|title=The Pursuit of Oblivion: A Global History of Narcotics|url=https://books.google.com/books?id=dFRd2MMrtiUC&pg=PA239|date=November 10, 2003|publisher=W.W. Norton|isbn=978-0-393-32545-4|pages=239–}}</ref> Transfer of cannabis in this manner was made a misdemeanor crime;<ref name="ngccpra">{{citation |title=Marijuana: A Study of State Policies and Penalties |url=https://www.ncjrs.gov/pdffiles1/Digitization/43880NCJRS.pdf |publisher=National Governors' Conference Center for Policy Research and Analysis |date=November 1977 |access-date=July 26, 2019 |archive-date=June 11, 2019 |archive-url=https://web.archive.org/web/20190611012618/https://www.ncjrs.gov/pdffiles1/Digitization/43880NCJRS.pdf |url-status=live }}</ref> however, possession of the drug still remained legal.<ref name="shafer">{{citation |title=Marihuana: A Signal of Misunderstanding |url=http://www.druglibrary.org/schaffer/Library/studies/nc/nc2_2.htm |publisher=National Commission on Marihuana and Drug Abuse |date=March 1972 |access-date=July 26, 2019 |archive-date=February 9, 2020 |archive-url=https://web.archive.org/web/20200209012510/http://www.druglibrary.org/schaffer/Library/studies/nc/nc2_2.htm |url-status=live }}</ref> |
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===1923 Further restrictions=== |
===1923 Further restrictions=== |
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===1931 Prohibition=== |
===1931 Prohibition=== |
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[[File:Rio Grande Valley Sector Agents Continue to Seize Thousands of Pounds of Marijuana (16171123344).jpg|right|thumb|2015 Border Patrol seizure of cannabis in the Rio Grande Valley]] |
[[File:Rio Grande Valley Sector Agents Continue to Seize Thousands of Pounds of Marijuana (16171123344).jpg|right|thumb|2015 Border Patrol seizure of cannabis in the Rio Grande Valley]] |
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Possession of cannabis was banned statewide in 1931 |
Possession of cannabis was banned statewide in 1931,<ref name="shafer" /> making it a felony.<ref>{{cite news |last1=Fanning |first1=Timothy |title=The racist origins of San Antonio’s war on marijuana |url=https://www.expressnews.com/news/article/san-antonio-marijuana-racism-18415216.php |access-date=October 15, 2023 |work=San Antonio Express-News |date=October 11, 2023}}</ref> Until 1973, it would remain classified as a [[narcotic]] with the possibility of life sentences imposed for possession of small amounts.<ref name="ngccpra" /> |
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==Reforms== |
==Reforms== |
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===State level=== |
===State level=== |
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====House Bill 447 (1973)==== |
====House Bill 447 (1973)==== |
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In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses.<ref name="ngccpra" /><ref>{{cite news |last1=Smith |first1=Griffin Jr. |title=How the New Drug Law Was Made |url=https://www.texasmonthly.com/articles/how-the-new-drug-law-was-made/ |access-date=July 25, 2019 |work=Texas Monthly |date=September 1973}}</ref> Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.<ref name="stroup rs">{{cite news |last1=Cahill |first1=Tim |title=The New Pot Advocates: Mr. Natural Goes to Washington |url=https://www.rollingstone.com/culture/culture-news/the-new-pot-advocates-mr-natural-goes-to-washington-241480/ |access-date=July 25, 2019 |work=Rolling Stone |date=January 3, 1974}}</ref><ref name="anderson">{{cite book |last1=Anderson |first1=Patrick |title=High In America: The True Story Behind NORML And The Politics Of Marijuana |date=February 27, 1981 |publisher=The Viking Press |isbn=978-0670119905 |url=http://www.druglibrary.org/special/anderson/highinamerica.htm}}</ref> With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days.<ref name="stroup rs" /> The bill passed the Senate by a 24–7 vote and the House 84–58.<ref name="ngccpra" /> |
In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses.<ref name="ngccpra" /><ref>{{cite news |last1=Smith |first1=Griffin Jr. |title=How the New Drug Law Was Made |url=https://www.texasmonthly.com/articles/how-the-new-drug-law-was-made/ |access-date=July 25, 2019 |work=Texas Monthly |date=September 1973 |archive-date=July 25, 2019 |archive-url=https://web.archive.org/web/20190725094927/https://www.texasmonthly.com/articles/how-the-new-drug-law-was-made/ |url-status=live }}</ref> Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.<ref name="stroup rs">{{cite news |last1=Cahill |first1=Tim |title=The New Pot Advocates: Mr. Natural Goes to Washington |url=https://www.rollingstone.com/culture/culture-news/the-new-pot-advocates-mr-natural-goes-to-washington-241480/ |access-date=July 25, 2019 |work=Rolling Stone |date=January 3, 1974 |archive-date=July 25, 2019 |archive-url=https://web.archive.org/web/20190725094927/https://www.rollingstone.com/culture/culture-news/the-new-pot-advocates-mr-natural-goes-to-washington-241480/ |url-status=live }}</ref><ref name="anderson">{{cite book |last1=Anderson |first1=Patrick |title=High In America: The True Story Behind NORML And The Politics Of Marijuana |date=February 27, 1981 |publisher=The Viking Press |isbn=978-0670119905 |url=http://www.druglibrary.org/special/anderson/highinamerica.htm |access-date=July 25, 2019 |archive-date=February 9, 2020 |archive-url=https://web.archive.org/web/20200209005126/http://druglibrary.org/special/anderson/highinamerica.htm |url-status=live }}</ref> With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days.<ref name="stroup rs" /> The bill passed the Senate by a 24–7 vote and the House 84–58.<ref name="ngccpra" /> |
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House Bill 447 also contained a provision allowing persons serving time for cannabis offenses to be resentenced under the new law.<ref name="anderson" /> The resentencing provision was later ruled to be unconstitutional; however, by May 1974 Governor [[Dolph Briscoe]] had granted clemency to 95 of these prisoners.<ref name="ngccpra" /> |
House Bill 447 also contained a provision allowing persons serving time for cannabis offenses to be resentenced under the new law.<ref name="anderson" /> The resentencing provision was later ruled to be unconstitutional; however, by May 1974 Governor [[Dolph Briscoe]] had granted clemency to 95 of these prisoners.<ref name="ngccpra" /> |
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====House Bill 2391 (2007)==== |
====House Bill 2391 (2007)==== |
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In June 2007, House Bill 2391 was signed into law by Governor [[Rick Perry]].<ref name="HB2391">{{cite news |last1=Smith |first1=Jordan |title=Cops Given Choice Whether to Arrest for Minor Pot Possession |url=https://www.austinchronicle.com/daily/news/2007-08-30/532585/ |access-date=March 10, 2019 |work=The Austin Chronicle |date=August 30, 2007}}</ref> Under the law, police can "cite and release" for certain [[misdemeanor]] crimes instead of subjecting offenders to immediate arrest (though the same penalties still apply).<ref>{{cite news |last1=Smith |first1=Jordan |title=APD: Jail first, questions later? |url=https://www.austinchronicle.com/news/2008-07-25/648728/ |access-date=March 23, 2019 |work=The Austin Chronicle |date=July 25, 2008}}</ref> Among the offenses for which a citation can be issued is possession of up to 4 ounces of cannabis.<ref name="HB2391" /> Many police departments announced they would continue to arrest for minor cannabis offenses, however.<ref>{{cite news |title=Texas: Cops Say They Will Continue To Jail Minor Pot Possession Offenders Despite New Law |url=https://norml.org/news/2007/09/05/texas-cops-say-they-will-continue-to-jail-minor-pot-possession-offenders-despite-new-law |access-date=March 10, 2019 |work=NORML |date=September 5, 2007}}</ref> |
In June 2007, House Bill 2391 was signed into law by Governor [[Rick Perry]].<ref name="HB2391">{{cite news |last1=Smith |first1=Jordan |title=Cops Given Choice Whether to Arrest for Minor Pot Possession |url=https://www.austinchronicle.com/daily/news/2007-08-30/532585/ |access-date=March 10, 2019 |work=The Austin Chronicle |date=August 30, 2007 |archive-date=March 10, 2019 |archive-url=https://web.archive.org/web/20190310200813/https://www.austinchronicle.com/daily/news/2007-08-30/532585/ |url-status=live }}</ref> Under the law, police can "cite and release" for certain [[misdemeanor]] crimes instead of subjecting offenders to immediate arrest (though the same penalties still apply).<ref>{{cite news |last1=Smith |first1=Jordan |title=APD: Jail first, questions later? |url=https://www.austinchronicle.com/news/2008-07-25/648728/ |access-date=March 23, 2019 |work=The Austin Chronicle |date=July 25, 2008 |archive-date=March 23, 2019 |archive-url=https://web.archive.org/web/20190323233941/https://www.austinchronicle.com/news/2008-07-25/648728/ |url-status=live }}</ref> Among the offenses for which a citation can be issued is possession of up to 4 ounces of cannabis.<ref name="HB2391" /> Many police departments announced they would continue to arrest for minor cannabis offenses, however.<ref>{{cite news |title=Texas: Cops Say They Will Continue To Jail Minor Pot Possession Offenders Despite New Law |url=https://norml.org/news/2007/09/05/texas-cops-say-they-will-continue-to-jail-minor-pot-possession-offenders-despite-new-law |access-date=March 10, 2019 |work=NORML |date=September 5, 2007 |archive-date=August 3, 2020 |archive-url=https://web.archive.org/web/20200803153353/https://norml.org/news/2007/09/05/texas-cops-say-they-will-continue-to-jail-minor-pot-possession-offenders-despite-new-law |url-status=live }}</ref> |
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====Proposed recreational legalization (2015)==== |
====Proposed recreational legalization (2015)==== |
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In 2015 State Representative [[David Simpson (Texas politician)|David Simpson]] introduced House Bill 2165 to legalize the use of cannabis for recreational purposes. A [[Tea Party movement|Tea Party]]-backed conservative, Simpson made a religious case for cannabis, stating: "I don't believe that when God made marijuana, he made a mistake that government needs to fix." In May 2015, Simpson's bill gained a majority of support in the House Criminal Jurisprudence Committee, but was not accepted to make it further on the House floor in the limited time remaining in the legislative session.<ref>{{cite web|last=Phillip |first=Abby |url=https://www.washingtonpost.com/blogs/govbeat/wp/2015/05/08/backed-by-the-christian-case-for-weed-legalization-bill-moves-forward-in-texas/ |title=Backed by the 'Christian case' for weed, legalization bill moves forward in Texas |work=The Washington Post |date=May 8, 2015 |access-date=November 30, 2016}}</ref><ref>{{cite web|last=Rosenthal |first=Brian M. |url=http://www.chron.com/news/politics/texas/article/Texas-House-committee-approves-full-legalization-6247225.php |title=Texas House panel approves full legalization of marijuana - Houston Chronicle |publisher=Chron.com |date=May 7, 2015 |access-date=November 30, 2016}}</ref> |
In 2015 State Representative [[David Simpson (Texas politician)|David Simpson]] introduced House Bill 2165 to legalize the use of cannabis for recreational purposes. A [[Tea Party movement|Tea Party]]-backed conservative, Simpson made a religious case for cannabis, stating: "I don't believe that when God made marijuana, he made a mistake that government needs to fix." In May 2015, Simpson's bill gained a majority of support in the House Criminal Jurisprudence Committee, but was not accepted to make it further on the House floor in the limited time remaining in the legislative session.<ref>{{cite web |last=Phillip |first=Abby |url=https://www.washingtonpost.com/blogs/govbeat/wp/2015/05/08/backed-by-the-christian-case-for-weed-legalization-bill-moves-forward-in-texas/ |title=Backed by the 'Christian case' for weed, legalization bill moves forward in Texas |work=The Washington Post |date=May 8, 2015 |access-date=November 30, 2016 |archive-date=November 30, 2016 |archive-url=https://web.archive.org/web/20161130190940/https://www.washingtonpost.com/blogs/govbeat/wp/2015/05/08/backed-by-the-christian-case-for-weed-legalization-bill-moves-forward-in-texas/ |url-status=live }}</ref><ref>{{cite web |last=Rosenthal |first=Brian M. |url=http://www.chron.com/news/politics/texas/article/Texas-House-committee-approves-full-legalization-6247225.php |title=Texas House panel approves full legalization of marijuana - Houston Chronicle |publisher=Chron.com |date=May 7, 2015 |access-date=November 30, 2016 |archive-date=February 4, 2017 |archive-url=https://web.archive.org/web/20170204010521/http://www.chron.com/news/politics/texas/article/Texas-House-committee-approves-full-legalization-6247225.php |url-status=live }}</ref> |
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====Limited medical use legalized (2015)==== |
====Limited medical use legalized (2015)==== |
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In June 2015, Governor [[Greg Abbott]] signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy.<ref>{{cite web |title=An Overview of Texas' Low-THC Medical Cannabis Program |url=https://www.texasnorml.org/wp-content/uploads/2013/08/Texas-Compassionate-Use-Program-Overview.pdf |website=Texans for Responsible Marijuana Policy |access-date=July 24, 2019}}</ref><ref>{{cite web |url=http://www.texasmarijuanapolicy.org/2015/06/01/texas_compassionate_use_act_2015/ |title=An Overview of Texas' Low-THC Medical Cannabis Program |last=Fazio |first=Heather |date=June 1, 2015 |access-date=July 30, 2019}}</ref> Abbott caveated his support: "I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes."<ref>{{cite news |last1=Hershaw |first1=Eva |title=Abbott Legalizes Cannabis Oil for Epilepsy Patients |url=https://www.texastribune.org/2015/06/01/abbott-signs-law-legalizing-cannabis-oil-epilepsy-/ |access-date=November 30, 2016 |work=The Texas Tribune |date=June 1, 2015}}</ref> The bill passed by a 26–5 vote in the Senate and 96–34 in the House.<ref>{{cite news |last1=Hershaw |first1=Eva |title=Senate Gives High Sign to Limited Medical Marijuana |url=https://www.texastribune.org/2015/05/07/senate-gives-thumbs-limited-medical-marijuana/ |access-date=November 30, 2016 |work=The Texas Tribune |date=May 7, 2015}}</ref><ref>{{cite news |last1=Batheja |first1=Aman |title=Cannabis Oil Approved for Epilepsy Patients |url=https://www.texastribune.org/2015/05/18/texas-house-approves-legalizing-cannabis-oil-epile/ |access-date=March 14, 2019 |work=The Texas Tribune |date=May 18, 2015}}</ref> |
In June 2015, Governor [[Greg Abbott]] signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy.<ref>{{cite web |title=An Overview of Texas' Low-THC Medical Cannabis Program |url=https://www.texasnorml.org/wp-content/uploads/2013/08/Texas-Compassionate-Use-Program-Overview.pdf |website=Texans for Responsible Marijuana Policy |access-date=July 24, 2019 |archive-date=September 16, 2020 |archive-url=https://web.archive.org/web/20200916094117/https://www.texasnorml.org/wp-content/uploads/2013/08/Texas-Compassionate-Use-Program-Overview.pdf |url-status=live }}</ref><ref>{{cite web |url=http://www.texasmarijuanapolicy.org/2015/06/01/texas_compassionate_use_act_2015/ |title=An Overview of Texas' Low-THC Medical Cannabis Program |last=Fazio |first=Heather |date=June 1, 2015 |access-date=July 30, 2019 |archive-date=August 26, 2019 |archive-url=https://web.archive.org/web/20190826231208/http://www.texasmarijuanapolicy.org/2015/06/01/texas_compassionate_use_act_2015/ |url-status=live }}</ref> Abbott caveated his support: "I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes."<ref>{{cite news |last1=Hershaw |first1=Eva |title=Abbott Legalizes Cannabis Oil for Epilepsy Patients |url=https://www.texastribune.org/2015/06/01/abbott-signs-law-legalizing-cannabis-oil-epilepsy-/ |access-date=November 30, 2016 |work=The Texas Tribune |date=June 1, 2015 |archive-date=February 23, 2017 |archive-url=https://web.archive.org/web/20170223220905/https://www.texastribune.org/2015/06/01/abbott-signs-law-legalizing-cannabis-oil-epilepsy-/ |url-status=live }}</ref> The bill passed by a 26–5 vote in the Senate and 96–34 in the House.<ref>{{cite news |last1=Hershaw |first1=Eva |title=Senate Gives High Sign to Limited Medical Marijuana |url=https://www.texastribune.org/2015/05/07/senate-gives-thumbs-limited-medical-marijuana/ |access-date=November 30, 2016 |work=The Texas Tribune |date=May 7, 2015 |archive-date=April 28, 2016 |archive-url=https://web.archive.org/web/20160428023115/https://www.texastribune.org/2015/05/07/senate-gives-thumbs-limited-medical-marijuana/ |url-status=live }}</ref><ref>{{cite news |last1=Batheja |first1=Aman |title=Cannabis Oil Approved for Epilepsy Patients |url=https://www.texastribune.org/2015/05/18/texas-house-approves-legalizing-cannabis-oil-epile/ |access-date=March 14, 2019 |work=The Texas Tribune |date=May 18, 2015 |archive-date=March 8, 2019 |archive-url=https://web.archive.org/web/20190308011622/https://www.texastribune.org/2015/05/18/texas-house-approves-legalizing-cannabis-oil-epile/ |url-status=live }}</ref> |
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====House approves reduced penalties (2019)==== |
====House approves reduced penalties (2019)==== |
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In April 2019, the House of Representatives voted 98–43 to approve House Bill 63.<ref>{{cite news |last1=Camarillo |first1=Vicky |title=In Historic Vote, Texas House OKs Bill to Soften Penalties for Marijuana Possession |url=https://www.texasobserver.org/historic-vote-texas-house-passes-marijuana-penalty-reduction/ |access-date=April 29, 2019 |work=The Texas Observer |date=April 29, 2019}}</ref> It sought to make possession of up to one ounce of cannabis a Class C (rather than a Class B) misdemeanor, eliminate the threat of jail time, and reduce the fine to $500.<ref>{{cite news |last1=Planas |first1=Roque |title=Texas House Votes To Lower Marijuana Possession Penalties |url=https://www.huffpost.com/entry/texas-house-marijuana-possession-penalties_n_5cc7829fe4b07c9a4ce7e518 |access-date=April 29, 2019 |work=HuffPost |date=April 29, 2019}}</ref> The day after its passage in the House, however, Lieutenant Governor [[Dan Patrick (politician)|Dan Patrick]] announced that he would not allow a vote on it in the Senate.<ref>{{cite news |last1=Moritz |first1=John C. |title=Lt. Gov. Dan Patrick: Marijuana bill is dead in the Texas Senate |url=https://www.caller.com/story/news/local/texas/state-bureau/2019/04/30/decriminalizing-marijuana-bill-dead-texas-senate/3626733002/ |access-date=April 30, 2019 |work=Corpus Christi Caller-Times |date=April 30, 2019}}</ref> |
In April 2019, the House of Representatives voted 98–43 to approve House Bill 63.<ref>{{cite news |last1=Camarillo |first1=Vicky |title=In Historic Vote, Texas House OKs Bill to Soften Penalties for Marijuana Possession |url=https://www.texasobserver.org/historic-vote-texas-house-passes-marijuana-penalty-reduction/ |access-date=April 29, 2019 |work=The Texas Observer |date=April 29, 2019 |archive-date=April 30, 2019 |archive-url=https://web.archive.org/web/20190430042113/https://www.texasobserver.org/historic-vote-texas-house-passes-marijuana-penalty-reduction/ |url-status=live }}</ref> It sought to make possession of up to one ounce of cannabis a Class C (rather than a Class B) misdemeanor, eliminate the threat of jail time, and reduce the fine to $500.<ref>{{cite news |last1=Planas |first1=Roque |title=Texas House Votes To Lower Marijuana Possession Penalties |url=https://www.huffpost.com/entry/texas-house-marijuana-possession-penalties_n_5cc7829fe4b07c9a4ce7e518 |access-date=April 29, 2019 |work=HuffPost |date=April 29, 2019 |archive-date=April 30, 2019 |archive-url=https://web.archive.org/web/20190430042849/https://www.huffpost.com/entry/texas-house-marijuana-possession-penalties_n_5cc7829fe4b07c9a4ce7e518 |url-status=live }}</ref> The day after its passage in the House, however, Lieutenant Governor [[Dan Patrick (politician)|Dan Patrick]] announced that he would not allow a vote on it in the Senate.<ref>{{cite news |last1=Moritz |first1=John C. |title=Lt. Gov. Dan Patrick: Marijuana bill is dead in the Texas Senate |url=https://www.caller.com/story/news/local/texas/state-bureau/2019/04/30/decriminalizing-marijuana-bill-dead-texas-senate/3626733002/ |access-date=April 30, 2019 |work=Corpus Christi Caller-Times |date=April 30, 2019 |archive-date=April 30, 2019 |archive-url=https://web.archive.org/web/20190430190540/https://www.caller.com/story/news/local/texas/state-bureau/2019/04/30/decriminalizing-marijuana-bill-dead-texas-senate/3626733002/ |url-status=live }}</ref> |
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====Legalization of hemp cultivation and delta-8-THC (2019)==== |
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In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC).<ref>{{cite news |last1=Weixel |first1=Nathaniel |title=Texas governor signs law legalizing hemp, CBD products |url=https://thehill.com/policy/healthcare/448012-texas-gov-signs-law-legalizing-hemp-cbd-products |access-date=July 24, 2019 |work=The Hill |date=June 11, 2019}}</ref> It also legalized possession and sale of hemp-derived CBD products without need for a doctor's approval.<ref>{{cite news |last1=McGaughy |first1=Lauren |title=Gov. Greg Abbott signs law legalizing hemp production, CBD products in Texas |url=https://www.dallasnews.com/news/texas-legislature/2019/06/11/gov-greg-abbott-signs-law-legalizing-hemp-production-cbd-products-texas |access-date=July 24, 2019 |work=The Dallas Morning News |date=June 11, 2019}}</ref> HB 1325 passed the Senate 31–0 and the House 140–3.<ref name="McCullough071619" /> |
In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC).<ref>{{cite news |last1=Weixel |first1=Nathaniel |title=Texas governor signs law legalizing hemp, CBD products |url=https://thehill.com/policy/healthcare/448012-texas-gov-signs-law-legalizing-hemp-cbd-products |access-date=July 24, 2019 |work=The Hill |date=June 11, 2019 |archive-date=July 24, 2019 |archive-url=https://web.archive.org/web/20190724215025/https://thehill.com/policy/healthcare/448012-texas-gov-signs-law-legalizing-hemp-cbd-products |url-status=live }}</ref> It also legalized possession and sale of hemp-derived CBD products without need for a doctor's approval.<ref>{{cite news |last1=McGaughy |first1=Lauren |title=Gov. Greg Abbott signs law legalizing hemp production, CBD products in Texas |url=https://www.dallasnews.com/news/texas-legislature/2019/06/11/gov-greg-abbott-signs-law-legalizing-hemp-production-cbd-products-texas |access-date=July 24, 2019 |work=The Dallas Morning News |date=June 11, 2019 |archive-date=July 4, 2019 |archive-url=https://web.archive.org/web/20190704212018/https://www.dallasnews.com/news/texas-legislature/2019/06/11/gov-greg-abbott-signs-law-legalizing-hemp-production-cbd-products-texas |url-status=live }}</ref> HB 1325 passed the Senate 31–0 and the House 140–3.<ref name="McCullough071619" /> |
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The enactment of HB 1325 also caused an outcome that legislators did not intend. Because it changed the legal definition of marijuana from cannabis in general to cannabis containing greater than 0.3% THC,<ref name="McCullough071619">{{cite news |last1=McCullough |first1=Jolie |title=Hemp law has most big-city prosecutors in Texas stepping back from marijuana charges. But not in El Paso. |url=https://www.texastribune.org/2019/07/16/el-paso-marijuana-hemp-prosecution/ |access-date=July 24, 2019 |work=The Texas Tribune |date=July 16, 2019}}</ref> many marijuana possession charges across the state were soon dropped due to a shortage of THC testing equipment available.<ref>{{cite news |last1=McCullough |first1=Jolie |last2=Samuels |first2=Alex |title=This year, Texas passed a law legalizing hemp. It also has prosecutors dropping hundreds of marijuana cases. |url=https://www.texastribune.org/2019/07/03/texas-marijuana-hemp-testing-prosecution/ |access-date=July 24, 2019 |work=The Texas Tribune |date=July 3, 2019}}</ref> Prosecutors in the counties of [[Harris County, Texas|Harris]], [[Tarrant County, Texas|Tarrant]], [[Bexar County, Texas|Bexar]], [[Travis County, Texas|Travis]], [[Williamson County, Texas|Williamson]], and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges.<ref>{{cite news |last1=Lozano |first1=Juan A. |title=New Texas Hemp Law Causing Problems With Marijuana Cases |url=https://www.usnews.com/news/best-states/texas/articles/2019-07-03/new-texas-hemp-law-causing-problems-with-marijuana-cases |access-date=July 24, 2019 |work=U.S. News & World Report |publisher=Associated Press |date=July 3, 2019}}</ref><ref>{{cite news |last1=Autullo |first1=Ryan |title=Did Texas hemp law legalize pot? No, but marijuana cases harder to prosecute, officials say |url=https://www.statesman.com/news/20190704/did-texas-hemp-law-legalize-pot-no-but-marijuana-cases-harder-to-prosecute-officials-say |access-date=July 24, 2019 |work=Austin American-Statesman |date=July 4, 2019}}</ref> |
The enactment of HB 1325 also caused an outcome that legislators did not intend. Because it changed the legal definition of marijuana from cannabis in general to cannabis containing greater than 0.3% THC,<ref name="McCullough071619">{{cite news |last1=McCullough |first1=Jolie |title=Hemp law has most big-city prosecutors in Texas stepping back from marijuana charges. But not in El Paso. |url=https://www.texastribune.org/2019/07/16/el-paso-marijuana-hemp-prosecution/ |access-date=July 24, 2019 |work=The Texas Tribune |date=July 16, 2019 |archive-date=July 24, 2019 |archive-url=https://web.archive.org/web/20190724215027/https://www.texastribune.org/2019/07/16/el-paso-marijuana-hemp-prosecution/ |url-status=live }}</ref> many marijuana possession charges across the state were soon dropped due to a shortage of THC testing equipment available.<ref>{{cite news |last1=McCullough |first1=Jolie |last2=Samuels |first2=Alex |title=This year, Texas passed a law legalizing hemp. It also has prosecutors dropping hundreds of marijuana cases. |url=https://www.texastribune.org/2019/07/03/texas-marijuana-hemp-testing-prosecution/ |access-date=July 24, 2019 |work=The Texas Tribune |date=July 3, 2019 |archive-date=July 24, 2019 |archive-url=https://web.archive.org/web/20190724215022/https://www.texastribune.org/2019/07/03/texas-marijuana-hemp-testing-prosecution/ |url-status=live }}</ref> Prosecutors in the counties of [[Harris County, Texas|Harris]], [[Tarrant County, Texas|Tarrant]], [[Bexar County, Texas|Bexar]], [[Travis County, Texas|Travis]], [[Williamson County, Texas|Williamson]], and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges.<ref>{{cite news |last1=Lozano |first1=Juan A. |title=New Texas Hemp Law Causing Problems With Marijuana Cases |url=https://www.usnews.com/news/best-states/texas/articles/2019-07-03/new-texas-hemp-law-causing-problems-with-marijuana-cases |access-date=July 24, 2019 |work=U.S. News & World Report |publisher=Associated Press |date=July 3, 2019 |archive-date=July 4, 2019 |archive-url=https://web.archive.org/web/20190704212008/https://www.usnews.com/news/best-states/texas/articles/2019-07-03/new-texas-hemp-law-causing-problems-with-marijuana-cases |url-status=live }}</ref><ref>{{cite news |last1=Autullo |first1=Ryan |title=Did Texas hemp law legalize pot? No, but marijuana cases harder to prosecute, officials say |url=https://www.statesman.com/news/20190704/did-texas-hemp-law-legalize-pot-no-but-marijuana-cases-harder-to-prosecute-officials-say |access-date=July 24, 2019 |work=Austin American-Statesman |date=July 4, 2019 |archive-date=July 24, 2019 |archive-url=https://web.archive.org/web/20190724215024/https://www.statesman.com/news/20190704/did-texas-hemp-law-legalize-pot-no-but-marijuana-cases-harder-to-prosecute-officials-say |url-status=live }}</ref> |
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The enactment of HB 1325 also caused the psychoactive cannabinoid [[delta-8-Tetrahydrocannabinol|delta-8-THC]] to become legal when produced from legally cultivated hemp. The [[Texas Department of State Health Services]] later classified the drug as an illegal substance in October 2021,<ref>{{cite news |last1=Feldman |first1=Ella Malena |title=Is Delta-8 legal in Texas? For now — but confusion, frustration over state's 'clarification' abounds |url=https://www.statesman.com/story/news/2021/11/10/delta-8-thc-temporarily-legal-texas-judge-injunction-hemp-cbd-delta-9/6185212001/ |access-date=May 25, 2023 |work=Austin American-Statesman |date=November 10, 2021}}</ref><ref>{{cite news |last1=Reynolds |first1=Kevin |title=Delta-8 is legal in Texas — for now — after Travis County judge blocks state from criminalizing the cannabis extract |url=https://www.texastribune.org/2021/11/08/delta-8-texas-legal-lawsuit/ |access-date=May 25, 2023 |work=The Texas Tribune |date=November 8, 2021}}</ref> but a November 2021 injunction from a district court judge prevented the prohibition from taking effect, until a final ruling on the matter can be made.<ref>{{cite news |last1=Munce |first1=Megan |last2=Menchaca |first2=Megan |title=CBD, hemp, delta-8, medical marijuana: Here’s what you need to know about Texas’ pot laws |url=https://www.texastribune.org/2022/07/18/texas-marijuana-laws-2022-law-legal/ |access-date=May 25, 2023 |work=The Texas Tribune |date=July 18, 2022}}</ref> |
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====Qualifying conditions expanded (2019)==== |
====Qualifying conditions expanded (2019)==== |
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In June 2019, Governor Abbott signed House Bill 3703 which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=Texas Governor Signs Bill To Expand State's Medical Marijuana Program |url=https://www.marijuanamoment.net/texas-governor-signs-bill-to-expand-states-medical-marijuana-program/ |access-date=July 24, 2019 |work=Marijuana Moment |date=June 14, 2019}}</ref> Previously limited to epilepsy only, the bill added terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, and incurable neurological disorders such as Alzheimer's, Parkinson's, and Huntington's Disease.<ref>{{cite news |last1=Lee |first1=Steffi |last2=Goard |first2=Alyssa |title=Gov. Abbott signs bill expanding Texas' medical cannabis program |url=https://www.kxan.com/news/gov-abbott-signs-bill-expanding-texas-medical-cannabis-program/ |access-date=July 24, 2019 |work=KXAN |date=June 14, 2019}}</ref> |
In June 2019, Governor Abbott signed House Bill 3703 which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=Texas Governor Signs Bill To Expand State's Medical Marijuana Program |url=https://www.marijuanamoment.net/texas-governor-signs-bill-to-expand-states-medical-marijuana-program/ |access-date=July 24, 2019 |work=Marijuana Moment |date=June 14, 2019 |archive-date=July 4, 2019 |archive-url=https://web.archive.org/web/20190704235210/https://www.marijuanamoment.net/texas-governor-signs-bill-to-expand-states-medical-marijuana-program/ |url-status=live }}</ref> Previously limited to epilepsy only, the bill added terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, and incurable neurological disorders such as Alzheimer's, Parkinson's, and Huntington's Disease.<ref>{{cite news |last1=Lee |first1=Steffi |last2=Goard |first2=Alyssa |title=Gov. Abbott signs bill expanding Texas' medical cannabis program |url=https://www.kxan.com/news/gov-abbott-signs-bill-expanding-texas-medical-cannabis-program/ |access-date=July 24, 2019 |work=KXAN |date=June 14, 2019 |archive-date=July 24, 2019 |archive-url=https://web.archive.org/web/20190724215035/https://www.kxan.com/news/gov-abbott-signs-bill-expanding-texas-medical-cannabis-program/ |url-status=live }}</ref> |
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====Smokable hemp banned (2020)==== |
====Smokable hemp banned (2020)==== |
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In 2020, Texas regulators issued a ban on the manufacture, processing, distribution, and sale of hemp for smoking purposes only.<ref>{{cite news |last1=Blackmon |first1=Malen |title=CBD Shops Adapt to Gov. Abbott's Confusing Ban on Smokable Hemp |url=https://www.dallasobserver.com/arts/hemp-law-texas-11932721 |access-date=November 9, 2020 |work=Dallas Observer |date=August 6, 2020}}</ref><ref>{{cite news |title=Smokable Hemp Ban in Texas, Temporary Injunction Granted – Win for Texas Manufacturers, Processors & Retailers |url=https://www. |
In 2020, Texas regulators issued a ban on the manufacture, processing, distribution, and sale of hemp for smoking purposes only.<ref>{{cite news |last1=Blackmon |first1=Malen |title=CBD Shops Adapt to Gov. Abbott's Confusing Ban on Smokable Hemp |url=https://www.dallasobserver.com/arts/hemp-law-texas-11932721 |access-date=November 9, 2020 |work=Dallas Observer |date=August 6, 2020 |archive-date=November 15, 2020 |archive-url=https://web.archive.org/web/20201115230232/https://www.dallasobserver.com/arts/hemp-law-texas-11932721 |url-status=live }}</ref><ref>{{cite news |last1=Pittman |first1=Lisa L. |last2=Steel |first2=Andrea |title=Smokable Hemp Ban in Texas, Temporary Injunction Granted – Win for Texas Manufacturers, Processors & Retailers |url=https://www.coatsrose.com/2020/09/18/smokable-hemp-ban-in-texas-temporary-injunction-granted/ |access-date=October 27, 2020 |work=coatsrose.com |date=September 18, 2020 |archive-url=https://web.archive.org/web/20201025225829/https://www.coatsrose.com/2020/09/18/smokable-hemp-ban-in-texas-temporary-injunction-granted/ |archive-date=October 25, 2020 |url-status=dead}}</ref> In response, local companies protested the ban and filed a lawsuit seeking to have it overturned.<ref>{{cite news |last1=Curtin |first1=Kevin |title=Retailers Fighting Ban on Smokable Hemp |url=https://www.austinchronicle.com/news/2020-08-28/retailers-fighting-ban-on-smokable-hemp/ |access-date=November 9, 2020 |work=The Austin Chronicle |date=August 28, 2020 |archive-date=November 13, 2020 |archive-url=https://web.archive.org/web/20201113034837/https://www.austinchronicle.com/news/2020-08-28/retailers-fighting-ban-on-smokable-hemp/ |url-status=live }}</ref><ref>{{cite news |last1=Adlin |first1=Ben |title=Texas Lawsuit Challenges State's New Ban On Smokable Hemp |url=https://www.marijuanamoment.net/texas-lawsuit-challenges-states-new-ban-on-smokable-hemp/ |access-date=November 9, 2020 |work=Marijuana Moment |date=August 6, 2020 |archive-date=November 28, 2020 |archive-url=https://web.archive.org/web/20201128174527/https://www.marijuanamoment.net/texas-lawsuit-challenges-states-new-ban-on-smokable-hemp/ |url-status=live }}</ref> In September 2020, Travis County District Judge Lora Livingston granted a temporary [[injunction]] lifting the ban until the case went to trial in 2021.<ref>{{cite news |last1=Curtin |first1=Kevin |title=Travis County District Judge Orders Injunction Against Smokable Hemp Ban |url=https://www.austinchronicle.com/news/2020-09-25/travis-county-district-judge-orders-injunction-against-smokable-hemp-ban/ |access-date=November 9, 2020 |work=The Austin Chronicle |date=September 25, 2020 |archive-date=November 9, 2020 |archive-url=https://web.archive.org/web/20201109100648/https://www.austinchronicle.com/news/2020-09-25/travis-county-district-judge-orders-injunction-against-smokable-hemp-ban/ |url-status=live }}</ref><ref>{{cite news |last1=Adlin |first1=Ben |title=Texas Ban On Smokable Hemp Lifted Until 2021, Judge Rules |url=https://www.marijuanamoment.net/texas-ban-on-smokable-hemp-lifted-until-2021-judge-rules/ |access-date=November 9, 2020 |work=Marijuana Moment |date=September 21, 2020 |archive-date=November 15, 2020 |archive-url=https://web.archive.org/web/20201115072503/https://www.marijuanamoment.net/texas-ban-on-smokable-hemp-lifted-until-2021-judge-rules/ |url-status=live }}</ref> The ban was ruled unconstitutional by Judge Livingston in August 2021;<ref>{{cite news |last1=Jaeger |first1=Kyle |title=Texas Ban On Smokeable Hemp Manufacturing And Sales Is Unconstitutional, Judge Rules |url=https://www.marijuanamoment.net/texas-ban-on-smokeable-hemp-manufacturing-and-sales-is-unconstitutional-judge-rules/ |access-date=August 26, 2021 |work=Marijuana Moment |date=August 23, 2021 |archive-date=August 26, 2021 |archive-url=https://web.archive.org/web/20210826054555/https://www.marijuanamoment.net/texas-ban-on-smokeable-hemp-manufacturing-and-sales-is-unconstitutional-judge-rules/ |url-status=live }}</ref> however, in June 2022 the [[Texas Supreme Court]] upheld the ban on the manufacturing and processing (but not sale) of smokable hemp.<ref>{{cite news |last1=Vaughn |first1=Jacob |title=Smokable Hemp Can't Be Processed or Manufactured in Texas, State Supreme Court Rules |url=https://www.dallasobserver.com/news/smokable-hemp-manufacture-texas-banned-supreme-court-14284642 |access-date=June 27, 2022 |work=Dallas Observer |date=June 27, 2022 |archive-date=June 27, 2022 |archive-url=https://web.archive.org/web/20220627092129/https://www.dallasobserver.com/news/smokable-hemp-manufacture-texas-banned-supreme-court-14284642 |url-status=live }}</ref> |
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===="Smoke a joint, lose your license" repealed (2021)==== |
===="Smoke a joint, lose your license" repealed (2021)==== |
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In May 2021, SCR 1 was signed by Governor Abbott to declare that Texas had formally opted out of the requirements of the [[Solomon–Lautenberg amendment]].<ref>{{cite web |title=SCR 1 |url=https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SCR1 |website=texas.gov |access-date=August 4, 2021}}</ref> In June 2021, SB 181 was signed to eliminate a requirement in state law that any drug conviction be penalized with a six-month driver's license suspension,<ref>{{cite web |title=SB 181 |url=https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB181 |website=texas.gov |access-date=August 4, 2021}}</ref> instead allowing judges to waive suspensions for misdemeanor offenders who do not have a drug conviction in the prior 36 months.<ref>{{cite web |title=Bill Analysis - SB 181 |url=https://capitol.texas.gov/tlodocs/87R/analysis/html/SB00181F.htm |website=texas.gov |access-date=August 4, 2021}}</ref> SB 181 took effect on September 1, 2021.<ref>{{cite news |last1=Pinney |first1=Leah |title=2021 Bills That Are Still Moving Or Have Become Law |url=https://www.texascjc.org/blog/2021-bills-are-still-moving-or-have-become-law |access-date=August 4, 2021 |work=Texas Criminal Justice Coalition |date=May 31, 2021}}</ref> |
In May 2021, SCR 1 was signed by Governor Abbott to declare that Texas had formally opted out of the requirements of the [[Solomon–Lautenberg amendment]].<ref>{{cite web |title=SCR 1 |url=https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SCR1 |website=texas.gov |access-date=August 4, 2021 |archive-date=August 4, 2021 |archive-url=https://web.archive.org/web/20210804140754/https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SCR1 |url-status=live }}</ref> In June 2021, SB 181 was signed to eliminate a requirement in state law that any drug conviction be penalized with a six-month driver's license suspension,<ref>{{cite web |title=SB 181 |url=https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB181 |website=texas.gov |access-date=August 4, 2021 |archive-date=August 4, 2021 |archive-url=https://web.archive.org/web/20210804145245/https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB181 |url-status=live }}</ref> instead allowing judges to waive suspensions for misdemeanor offenders who do not have a drug conviction in the prior 36 months.<ref>{{cite web |title=Bill Analysis - SB 181 |url=https://capitol.texas.gov/tlodocs/87R/analysis/html/SB00181F.htm |website=texas.gov |access-date=August 4, 2021 |archive-date=August 4, 2021 |archive-url=https://web.archive.org/web/20210804193737/https://capitol.texas.gov/tlodocs/87R/analysis/html/SB00181F.htm |url-status=live }}</ref> SB 181 took effect on September 1, 2021.<ref>{{cite news |last1=Pinney |first1=Leah |title=2021 Bills That Are Still Moving Or Have Become Law |url=https://www.texascjc.org/blog/2021-bills-are-still-moving-or-have-become-law |access-date=August 4, 2021 |work=Texas Criminal Justice Coalition |date=May 31, 2021 |archive-date=August 4, 2021 |archive-url=https://web.archive.org/web/20210804140512/https://www.texascjc.org/blog/2021-bills-are-still-moving-or-have-become-law |url-status=live }}</ref> |
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====Medical program expansion (2021)==== |
====Medical program expansion (2021)==== |
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In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1.<ref>{{cite news|title= |
In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1.<ref>{{cite news|title=Gov. Abbott signs more bills, including one expanding access to medical marijuana|publisher=[[KVUE (Texas)|KVUE]]|location=Austin, Texas|date=June 11, 2021|url=https://www.kvue.com/article/news/state/texas-news/gov-abbott-signs-more-bills-including-one-expanding-access-to-medical-marijuana/269-04aea2af-2876-4bf1-bce4-3055235fcf94|access-date=June 16, 2021|archive-date=June 16, 2021|archive-url=https://web.archive.org/web/20210616090243/https://www.kvue.com/article/news/state/texas-news/gov-abbott-signs-more-bills-including-one-expanding-access-to-medical-marijuana/269-04aea2af-2876-4bf1-bce4-3055235fcf94|url-status=live}}</ref> A version of the bill that passed the House allowed for a 5% THC limit, but it was lowered to 1% in the Senate.<ref>{{cite news |last1=Mulcahy |first1=Shawn |title=Watered-down expansion of Texas’ medical marijuana program signed into law |url=https://www.texastribune.org/2021/05/28/texas-medical-marijuana-expansion/ |access-date=June 17, 2021 |work=The Texas Tribune |date=June 16, 2021 |archive-date=June 17, 2021 |archive-url=https://web.archive.org/web/20210617020404/https://www.texastribune.org/2021/05/28/texas-medical-marijuana-expansion/ |url-status=live }}</ref> |
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====House approves medical program expansion (2023)==== |
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House Bill 1805 that would expand covered medical conditions and define a per-dose THC limit instead of a percentage limit was passed by the House of Representatives on April 11, 2023.<ref>{{cite news|title=Texas House passes bill expanding medical marijuana access, will now go to Senate|author=Adam Bennett|publisher=[[KHOU]]|location=Houston|date=April 11, 2023|url=https://www.khou.com/article/news/politics/texas-medical-marijuana-bill-update/285-266be021-c424-4db0-abcb-87dd88adf699}}</ref><ref>{{cite news |last1=Harper |first1=Karen Brooks |last2=Lopez |first2=Raul Trey |title=Expanded access to medical marijuana gains traction as Texas House passes bill |url=https://www.texastribune.org/2023/04/11/texas-medical-marijuana/ |access-date=May 25, 2023 |work=The Texas Tribune |date=April 11, 2023}}</ref> |
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====House approves reduced penalties (2023)==== |
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On April 27, 2023, the House of Representatives passed HB 218 by a 87–59 vote. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor with a maximum fine of $500 and no jail time.<ref>{{Cite web |last=Chron |first=Michael Murney |date=2023-05-01 |title=Texas House passes bill to decriminalize marijuana |url=https://www.chron.com/news/houston-texas/article/texas-marijuana-law-18000220.php |access-date=2023-05-06 |website=Chron |language=en-US}}</ref><ref>{{Cite web |title=Texas HB218 {{!}} 2023-2024 {{!}} 88th Legislature |url=https://legiscan.com/TX/text/HB218/id/2793711 |access-date=2023-05-06 |website=LegiScan |language=en}}</ref> |
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===County and municipal level=== |
===County and municipal level=== |
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====El Paso drug legalization resolution (2009)==== |
====El Paso drug legalization resolution (2009)==== |
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In January 2009, the city council of [[El Paso, Texas|El Paso]] voted 8–0 in favor of a resolution sponsored by councilman [[Beto O'Rourke]] calling for a national debate regarding the legalization of drugs as a way to reduce drug cartel violence.<ref>{{cite news |last1=Grim |first1=Ryan |title=El Paso, Texas, Calls On Congress To Debate Drug Legalization: Dems Refuse |url=https://www.huffingtonpost.com/2009/01/14/drug-legalization-debate_n_157798.html |access-date=March 17, 2019 |work=HuffPost |date=January 14, 2009}}</ref> The resolution was then vetoed by the mayor, however,<ref>{{cite news |last1=Crowder |first1=David |title='Potheads' have sent their message; now it's time for the 'silent majority,' Mayor Cook urges in e-mail |url=http://www.newspapertree.com/news/3312--potheads-have-sent-their-message-now-it-s-time-for-the-silent-majority-mayor-cook-urges-in-e-mail |access-date=March 17, 2019 |work=Newspaper Tree |date=January 12, 2009 |archive-url=https://web.archive.org/web/20120224192123/http://www.newspapertree.com/news/3312--potheads-have-sent-their-message-now-it-s-time-for-the-silent-majority-mayor-cook-urges-in-e-mail |archive-date=February 24, 2012 |url-status=dead}}</ref> and an attempt to override the veto one week later failed by a 4–4 vote.<ref>{{cite news |last1=Smith |first1=Jordan |title=Reefer Madness: Don't Talk About It |url=https://www.austinchronicle.com/news/2009-01-30/733245/ |access-date=March 17, 2019 |work=The Austin Chronicle |date=January 30, 2009}}</ref> Members of the council had been swayed by pressure from Rep. [[Silvestre Reyes]] and several state lawmakers who warned that future allocation of federal funds to the city could be affected.<ref>{{cite news |last1=Smith |first1=Phillip |title=The Border: El Paso City Council Folds in Face of Threats, Reverses Call for National Debate on Drug Legalization |url=https://stopthedrugwar.org/chronicle/2009/jan/16/border_el_paso_city_council_fold |access-date=March 17, 2019 |work=stopthedrugwar.org |date=January 16, 2009}}</ref> |
In January 2009, the city council of [[El Paso, Texas|El Paso]] voted 8–0 in favor of a resolution sponsored by councilman [[Beto O'Rourke]] calling for a national debate regarding the legalization of drugs as a way to reduce drug cartel violence.<ref>{{cite news |last1=Grim |first1=Ryan |title=El Paso, Texas, Calls On Congress To Debate Drug Legalization: Dems Refuse |url=https://www.huffingtonpost.com/2009/01/14/drug-legalization-debate_n_157798.html |access-date=March 17, 2019 |work=HuffPost |date=January 14, 2009 |archive-date=March 14, 2019 |archive-url=https://web.archive.org/web/20190314025240/https://www.huffingtonpost.com/2009/01/14/drug-legalization-debate_n_157798.html |url-status=live }}</ref> The resolution was then vetoed by the mayor, however,<ref>{{cite news |last1=Crowder |first1=David |title='Potheads' have sent their message; now it's time for the 'silent majority,' Mayor Cook urges in e-mail |url=http://www.newspapertree.com/news/3312--potheads-have-sent-their-message-now-it-s-time-for-the-silent-majority-mayor-cook-urges-in-e-mail |access-date=March 17, 2019 |work=Newspaper Tree |date=January 12, 2009 |archive-url=https://web.archive.org/web/20120224192123/http://www.newspapertree.com/news/3312--potheads-have-sent-their-message-now-it-s-time-for-the-silent-majority-mayor-cook-urges-in-e-mail |archive-date=February 24, 2012 |url-status=dead}}</ref> and an attempt to override the veto one week later failed by a 4–4 vote.<ref>{{cite news |last1=Smith |first1=Jordan |title=Reefer Madness: Don't Talk About It |url=https://www.austinchronicle.com/news/2009-01-30/733245/ |access-date=March 17, 2019 |work=The Austin Chronicle |date=January 30, 2009 |archive-date=October 10, 2021 |archive-url=https://web.archive.org/web/20211010185720/https://www.austinchronicle.com/news/2009-01-30/733245/ |url-status=live }}</ref> Members of the council had been swayed by pressure from Rep. [[Silvestre Reyes]] and several state lawmakers who warned that future allocation of federal funds to the city could be affected.<ref>{{cite news |last1=Smith |first1=Phillip |title=The Border: El Paso City Council Folds in Face of Threats, Reverses Call for National Debate on Drug Legalization |url=https://stopthedrugwar.org/chronicle/2009/jan/16/border_el_paso_city_council_fold |access-date=March 17, 2019 |work=stopthedrugwar.org |date=January 16, 2009 |archive-date=August 11, 2020 |archive-url=https://web.archive.org/web/20200811154703/https://stopthedrugwar.org/chronicle/2009/jan/16/border_el_paso_city_council_fold |url-status=live }}</ref> |
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====Austin cite-and-release (2009)==== |
====Austin cite-and-release (2009)==== |
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In February 2009, the [[Austin, Texas|Austin]] Police Department instituted a policy of cite-and-release for possession of small amounts of cannabis.<ref name="Austin 2009">{{cite news |last1=Smith |first1=Jordan |title=Cite-and-Release in (Almost Full) Effect |url=https://www.austinchronicle.com/daily/news/2009-02-24/746307/ |access-date=March 14, 2019 |work=The Austin Chronicle |date=February 24, 2009}}</ref><ref>{{cite news |last1=Plohetski |first1=Tony |title=Austin police to begin citing, not arresting, some offenders |url=http://www.statesman.com/news/content/news/stories/local/10/19/1019tickets.html |work=Austin American-Statesman |date=October 19, 2008 |archive-url=https://archive.today/20081022085910/http://www.statesman.com/news/content/news/stories/local/10/19/1019tickets.html |archive-date=October 22, 2008 |url-status=dead |access-date=March 23, 2019 }}</ref> The [[Travis County, Texas|Travis County]] Sheriff's Office, which encompasses a large part of the Austin metro area, had already been operating under such a policy since the end of 2007.<ref name="Austin 2009" /> |
In February 2009, the [[Austin, Texas|Austin]] Police Department instituted a policy of cite-and-release for possession of small amounts of cannabis.<ref name="Austin 2009">{{cite news |last1=Smith |first1=Jordan |title=Cite-and-Release in (Almost Full) Effect |url=https://www.austinchronicle.com/daily/news/2009-02-24/746307/ |access-date=March 14, 2019 |work=The Austin Chronicle |date=February 24, 2009 |archive-date=March 14, 2019 |archive-url=https://web.archive.org/web/20190314074642/https://www.austinchronicle.com/daily/news/2009-02-24/746307/ |url-status=live }}</ref><ref>{{cite news |last1=Plohetski |first1=Tony |title=Austin police to begin citing, not arresting, some offenders |url=http://www.statesman.com/news/content/news/stories/local/10/19/1019tickets.html |work=Austin American-Statesman |date=October 19, 2008 |archive-url=https://archive.today/20081022085910/http://www.statesman.com/news/content/news/stories/local/10/19/1019tickets.html |archive-date=October 22, 2008 |url-status=dead |access-date=March 23, 2019 }}</ref> The [[Travis County, Texas|Travis County]] Sheriff's Office, which encompasses a large part of the Austin metro area, had already been operating under such a policy since the end of 2007.<ref name="Austin 2009" /> |
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====Harris County First Chance Intervention Program (2014)==== |
====Harris County First Chance Intervention Program (2014)==== |
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In October 2014, [[Harris County, Texas|Harris County]] District Attorney Devon Anderson announced the launch of the First Chance Intervention Program. Under the program, persons possessing less than two ounces of cannabis would still be subject to arrest, but could avoid a criminal conviction by attending drug education classes or performing [[community service]].<ref>{{cite news |last1=Sandridge |first1=C. |title=Harris County introduces "First Chance Intervention Program" for marijuana offenses |url=https://cw39.com/2014/10/01/harris-county-introduces-first-chance-intervention-program-for-marijuana-offenses/ |access-date=March 12, 2019 |work=CW39 Houston |date=October 1, 2014}}</ref> In January 2016 the program was expanded so that a citation was given instead of arrest, and all law enforcement agencies within the county were required to comply.<ref>{{cite news |last1=Rogers |first1=Brian |title=DA: Marijuana now means a citation, not a ride to jail |url=https://www.chron.com/news/houston-texas/houston/article/DA-Marijuana-now-means-a-citation-not-a-ride-to-6613889.php |access-date=March 12, 2019 |work=Houston Chronicle |date=November 6, 2015}}</ref> |
In October 2014, [[Harris County, Texas|Harris County]] District Attorney Devon Anderson announced the launch of the First Chance Intervention Program. Under the program, persons possessing less than two ounces of cannabis would still be subject to arrest, but could avoid a criminal conviction by attending drug education classes or performing [[community service]].<ref>{{cite news |last1=Sandridge |first1=C. |title=Harris County introduces "First Chance Intervention Program" for marijuana offenses |url=https://cw39.com/2014/10/01/harris-county-introduces-first-chance-intervention-program-for-marijuana-offenses/ |access-date=March 12, 2019 |work=CW39 Houston |date=October 1, 2014 |archive-date=December 30, 2015 |archive-url=https://web.archive.org/web/20151230234941/http://cw39.com/2014/10/01/harris-county-introduces-first-chance-intervention-program-for-marijuana-offenses/ |url-status=live }}</ref> In January 2016 the program was expanded so that a citation was given instead of arrest, and all law enforcement agencies within the county were required to comply.<ref>{{cite news |last1=Rogers |first1=Brian |title=DA: Marijuana now means a citation, not a ride to jail |url=https://www.chron.com/news/houston-texas/houston/article/DA-Marijuana-now-means-a-citation-not-a-ride-to-6613889.php |access-date=March 12, 2019 |work=Houston Chronicle |date=November 6, 2015 |archive-date=September 9, 2018 |archive-url=https://web.archive.org/web/20180909111130/https://www.chron.com/news/houston-texas/houston/article/DA-Marijuana-now-means-a-citation-not-a-ride-to-6613889.php |url-status=live }}</ref> |
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====Harris County Misdemeanor Marijuana Diversion Program (2017)==== |
====Harris County Misdemeanor Marijuana Diversion Program (2017)==== |
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In February 2017, Harris County District Attorney [[Kim Ogg]] announced the launch of the Misdemeanor Marijuana Diversion Program that further expanded upon the reforms of the First Chance Intervention Program. Under the new program, persons possessing less than four ounces of cannabis would not face criminal charges or even be issued a citation as long as they agreed to attend a four-hour drug education class.<ref name="Rogers">{{cite news |last1=Rogers |first1=Brian |title=New policy to decriminalize marijuana in Harris County will save time, money, DA's office says |url=https://www.chron.com/news/houston-texas/article/New-policy-to-decriminalize-marijuana-in-Harris-10935947.php |access-date=March 12, 2019 |work=Houston Chronicle |date=February 16, 2017}}</ref> The new program also differed in that persons who had committed previous cannabis offenses would still be eligible to participate.<ref name="Rogers" /> The program went into effect in March 2017.<ref>{{cite news |last1=Herskovitz |first1=Jon |title=Houston area to decriminalize some low-level marijuana possession |url=https://www.reuters.com/article/us-texas-marijuana/houston-area-to-decriminalize-some-low-level-marijuana-possession-idUSKBN15V29F |access-date=March 12, 2019 |work=Reuters |date=February 16, 2019}}</ref> |
In February 2017, Harris County District Attorney [[Kim Ogg]] announced the launch of the Misdemeanor Marijuana Diversion Program that further expanded upon the reforms of the First Chance Intervention Program. Under the new program, persons possessing less than four ounces of cannabis would not face criminal charges or even be issued a citation as long as they agreed to attend a four-hour drug education class.<ref name="Rogers">{{cite news |last1=Rogers |first1=Brian |title=New policy to decriminalize marijuana in Harris County will save time, money, DA's office says |url=https://www.chron.com/news/houston-texas/article/New-policy-to-decriminalize-marijuana-in-Harris-10935947.php |access-date=March 12, 2019 |work=Houston Chronicle |date=February 16, 2017 |archive-date=May 7, 2019 |archive-url=https://web.archive.org/web/20190507012057/https://www.chron.com/news/houston-texas/article/New-policy-to-decriminalize-marijuana-in-Harris-10935947.php |url-status=live }}</ref> The new program also differed in that persons who had committed previous cannabis offenses would still be eligible to participate.<ref name="Rogers" /> The program went into effect in March 2017.<ref>{{cite news |last1=Herskovitz |first1=Jon |title=Houston area to decriminalize some low-level marijuana possession |url=https://www.reuters.com/article/us-texas-marijuana/houston-area-to-decriminalize-some-low-level-marijuana-possession-idUSKBN15V29F |access-date=March 12, 2019 |work=Reuters |date=February 16, 2019 |archive-date=September 21, 2018 |archive-url=https://web.archive.org/web/20180921145656/https://www.reuters.com/article/us-texas-marijuana/houston-area-to-decriminalize-some-low-level-marijuana-possession-idUSKBN15V29F |url-status=live }}</ref> |
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====Dallas cite-and-release (2017)==== |
====Dallas cite-and-release (2017)==== |
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In April 2017 the [[Dallas]] City Council voted 10–5 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.<ref>{{cite news |last1=Hallman |first1=Tristan |title=Got weed? In Dallas, it might not land you in jail anymore |url=https://www.dallasnews.com/news/dallas-city-hall/2017/04/12/got-weed-dallas-might-land-jail-anymore |access-date=March 10, 2019 |work=The Dallas Morning News |date=April 12, 2017|archive-url=https://web.archive.org/web/20170502123011/https://www.dallasnews.com/news/dallas-city-hall/2017/04/12/got-weed-dallas-might-land-jail-anymore |archive-date=May 2, 2017}}</ref> In October 2017 county commissioners 4–1 voted to approve the plan,<ref>{{cite news |last1=Young |first1=Stephen |title=Cite-and-Release for Pot Possession Will (Finally) Start in Dallas in December |url=https://www.dallasobserver.com/news/dallas-county-approved-cite-and-release-for-marijuana-possession-9981422 |access-date=March 10, 2019 |work=Dallas Observer |date=October 17, 2017}}</ref> and it went into effect in December 2017.<ref>{{cite news |last1=Tsiaperas |first1=Tasha |title=What happens to people caught with weed in Dallas now that 'cite and release' is in effect |url=https://www.dallasnews.com/news/crime/2017/11/22/happens-peoplecaught-marijuana-dallas-dec-1 |access-date=March 10, 2019 |work=The Dallas Morning News |date=November 22, 2017 |archive-url=https://web.archive.org/web/20171228185107/https://www.dallasnews.com/news/crime/2017/11/22/happens-peoplecaught-marijuana-dallas-dec-1 |archive-date=December 28, 2017}}</ref> |
In April 2017 the [[Dallas]] City Council voted 10–5 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.<ref>{{cite news |last1=Hallman |first1=Tristan |title=Got weed? In Dallas, it might not land you in jail anymore |url=https://www.dallasnews.com/news/dallas-city-hall/2017/04/12/got-weed-dallas-might-land-jail-anymore |access-date=March 10, 2019 |work=The Dallas Morning News |date=April 12, 2017|archive-url=https://web.archive.org/web/20170502123011/https://www.dallasnews.com/news/dallas-city-hall/2017/04/12/got-weed-dallas-might-land-jail-anymore |archive-date=May 2, 2017}}</ref> In October 2017 county commissioners 4–1 voted to approve the plan,<ref>{{cite news |last1=Young |first1=Stephen |title=Cite-and-Release for Pot Possession Will (Finally) Start in Dallas in December |url=https://www.dallasobserver.com/news/dallas-county-approved-cite-and-release-for-marijuana-possession-9981422 |access-date=March 10, 2019 |work=Dallas Observer |date=October 17, 2017 |archive-date=February 28, 2018 |archive-url=https://web.archive.org/web/20180228202517/http://www.dallasobserver.com/news/dallas-county-approved-cite-and-release-for-marijuana-possession-9981422 |url-status=live }}</ref> and it went into effect in December 2017.<ref>{{cite news |last1=Tsiaperas |first1=Tasha |title=What happens to people caught with weed in Dallas now that 'cite and release' is in effect |url=https://www.dallasnews.com/news/crime/2017/11/22/happens-peoplecaught-marijuana-dallas-dec-1 |access-date=March 10, 2019 |work=The Dallas Morning News |date=November 22, 2017 |archive-url=https://web.archive.org/web/20171228185107/https://www.dallasnews.com/news/crime/2017/11/22/happens-peoplecaught-marijuana-dallas-dec-1 |archive-date=December 28, 2017}}</ref> |
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====Bexar County cite-and-release, diversion (2017)==== |
====Bexar County cite-and-release, diversion (2017)==== |
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In September 2017, [[Bexar County, Texas|Bexar Country]] District Attorney [[Nico LaHood]] announced a new cite-and-release policy for persons caught with less than 4 ounces of cannabis.<ref>{{cite news |last1=Eaton |first1=Emilie |last2=Bradshaw |first2=Kelsey |title=Some offenses, such as possession of a little pot, will be handled like traffic violations in Bexar County |url=https://www.expressnews.com/news/local/article/Some-offenses-such-as-possession-of-a-little-12236344.php |access-date=March 10, 2019 |work=San Antonio Express-News |date=September 27, 2017}}</ref> The program also allowed cited individuals to avoid criminal charges by attending a class, paying a fine, and performing community service.<ref>{{cite news |last1=Sullivan |first1=Jeffrey |title=County to Try Tickets Instead of Jail for Marijuana Misdemeanors |url=https://therivardreport.com/county-to-try-tickets-instead-of-jail-for-marijuana-misdemeanors/ |access-date=March 10, 2019 |work=Rivard Report |date=September 27, 2017}}</ref> The policy went into effect for the Bexar County Sheriff's Office in January 2018.<ref>{{cite news |last1=Bradshaw |first1=Kelsey |title=Bexar County's cite and release program for low-level marijuana possession now in effect |url=https://www.mysanantonio.com/news/local/article/LaHood-announces-update-12539731.php |access-date=March 10, 2019 |work=mysanantonio.com |date=January 31, 2018}}</ref> |
In September 2017, [[Bexar County, Texas|Bexar Country]] District Attorney [[Nico LaHood]] announced a new cite-and-release policy for persons caught with less than 4 ounces of cannabis.<ref>{{cite news |last1=Eaton |first1=Emilie |last2=Bradshaw |first2=Kelsey |title=Some offenses, such as possession of a little pot, will be handled like traffic violations in Bexar County |url=https://www.expressnews.com/news/local/article/Some-offenses-such-as-possession-of-a-little-12236344.php |access-date=March 10, 2019 |work=San Antonio Express-News |date=September 27, 2017 |archive-date=March 10, 2019 |archive-url=https://web.archive.org/web/20190310204147/https://www.expressnews.com/news/local/article/Some-offenses-such-as-possession-of-a-little-12236344.php |url-status=live }}</ref> The program also allowed cited individuals to avoid criminal charges by attending a class, paying a fine, and performing community service.<ref>{{cite news |last1=Sullivan |first1=Jeffrey |title=County to Try Tickets Instead of Jail for Marijuana Misdemeanors |url=https://therivardreport.com/county-to-try-tickets-instead-of-jail-for-marijuana-misdemeanors/ |access-date=March 10, 2019 |work=Rivard Report |date=September 27, 2017 |archive-date=February 18, 2018 |archive-url=https://web.archive.org/web/20180218113123/https://therivardreport.com/county-to-try-tickets-instead-of-jail-for-marijuana-misdemeanors/ |url-status=live }}</ref> The policy went into effect for the Bexar County Sheriff's Office in January 2018.<ref>{{cite news |last1=Bradshaw |first1=Kelsey |title=Bexar County's cite and release program for low-level marijuana possession now in effect |url=https://www.mysanantonio.com/news/local/article/LaHood-announces-update-12539731.php |access-date=March 10, 2019 |work=mysanantonio.com |date=January 31, 2018 |archive-date=May 30, 2019 |archive-url=https://web.archive.org/web/20190530191030/https://www.mysanantonio.com/news/local/article/LaHood-announces-update-12539731.php |url-status=live }}</ref> |
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====El Paso County First Chance Program (2017)==== |
====El Paso County First Chance Program (2017)==== |
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In October 2017, [[El Paso County, Texas|El Paso County]] commissioners voted unanimously to allow people caught with less than 4 ounces of cannabis to pay a $100 fine and perform 8 hours of community service in lieu of facing criminal charges. Named the First Chance Program, it only applies to people that are not caught with any other drugs.<ref>{{cite news |last1=Gonzalez |first1=Maria Cortes |title=Some marijuana charges could be waived for community service under new El Paso program |url=https://www.elpasotimes.com/story/news/2017/10/30/pot-charges-could-waived-community-service-el-paso-county/813812001/ |access-date=May 18, 2020 |work=El Paso Times |date=October 30, 2017}}</ref> |
In October 2017, [[El Paso County, Texas|El Paso County]] commissioners voted unanimously to allow people caught with less than 4 ounces of cannabis to pay a $100 fine and perform 8 hours of community service in lieu of facing criminal charges. Named the First Chance Program, it only applies to people that are not caught with any other drugs.<ref>{{cite news |last1=Gonzalez |first1=Maria Cortes |title=Some marijuana charges could be waived for community service under new El Paso program |url=https://www.elpasotimes.com/story/news/2017/10/30/pot-charges-could-waived-community-service-el-paso-county/813812001/ |access-date=May 18, 2020 |work=El Paso Times |date=October 30, 2017 |archive-date=March 22, 2023 |archive-url=https://web.archive.org/web/20230322023756/https://www.elpasotimes.com/story/news/2017/10/30/pot-charges-could-waived-community-service-el-paso-county/813812001/ |url-status=live }}</ref> |
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====Travis County diversion program (2017)==== |
====Travis County diversion program (2017)==== |
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In December 2017, [[Travis County]] commissioners unanimously approved a plan to allow persons cited for less than two ounces of cannabis to take a four-hour educational course (at the cost of $45) rather than being subject to criminal charges.<ref>{{cite news |last1=Bernier |first1=Nathan |title=Caught With Pot? New Four-Hour Class Will Allow Some To Skip Charges |url=https://www.kut.org/post/caught-pot-new-four-hour-class-will-allow-some-skip-charges |access-date=March 10, 2019 |work=KUT |date=December 19, 2017}}</ref> The policy went into effect in January 2018.<ref>{{cite news |last1=Wallis |first1=Jay |title=Travis County approves new diversion class for marijuana offenders |url=https://www.kvue.com/article/news/local/travis-county-approves-new-diversion-class-for-marijuana-offenders/269-500935215 |access-date=March 10, 2019 |work=KVUE |date=December 20, 2017}}</ref> |
In December 2017, [[Travis County]] commissioners unanimously approved a plan to allow persons cited for less than two ounces of cannabis to take a four-hour educational course (at the cost of $45) rather than being subject to criminal charges.<ref>{{cite news |last1=Bernier |first1=Nathan |title=Caught With Pot? New Four-Hour Class Will Allow Some To Skip Charges |url=https://www.kut.org/post/caught-pot-new-four-hour-class-will-allow-some-skip-charges |access-date=March 10, 2019 |work=KUT |date=December 19, 2017 |archive-date=February 22, 2019 |archive-url=https://web.archive.org/web/20190222055137/http://www.kut.org/post/caught-pot-new-four-hour-class-will-allow-some-skip-charges |url-status=live }}</ref> The policy went into effect in January 2018.<ref>{{cite news |last1=Wallis |first1=Jay |title=Travis County approves new diversion class for marijuana offenders |url=https://www.kvue.com/article/news/local/travis-county-approves-new-diversion-class-for-marijuana-offenders/269-500935215 |access-date=March 10, 2019 |work=KVUE |date=December 20, 2017 |archive-date=February 23, 2018 |archive-url=https://web.archive.org/web/20180223045318/http://www.kvue.com/article/news/local/travis-county-approves-new-diversion-class-for-marijuana-offenders/269-500935215 |url-status=live }}</ref> |
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====Dallas County limited enforcement, diversion (2019)==== |
====Dallas County limited enforcement, diversion (2019)==== |
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In April 2019, [[Dallas County, Texas|Dallas County]] District Attorney John Creuzot announced that individuals caught possessing misdemeanor amounts of cannabis would no longer be prosecuted for first-time offenses. Individuals who commit subsequent offenses would be offered diversionary courses to avoid a criminal conviction.<ref>{{cite news |last1=Osborne |first1=Ryan |title=Dallas County's marijuana policy now as lenient as any other in Texas |url=https://www.wfaa.com/article/news/local/dallas-county/dallas-countys-marijuana-policy-now-as-lenient-as-any-other-in-texas/287-bdb82685-0624-4f38-bc5f-68a126a8a71e |access-date=April 12, 2019 |work=WFAA |date=April 11, 2019}}</ref> |
In April 2019, [[Dallas County, Texas|Dallas County]] District Attorney John Creuzot announced that individuals caught possessing misdemeanor amounts of cannabis would no longer be prosecuted for first-time offenses. Individuals who commit subsequent offenses would be offered diversionary courses to avoid a criminal conviction.<ref>{{cite news |last1=Osborne |first1=Ryan |title=Dallas County's marijuana policy now as lenient as any other in Texas |url=https://www.wfaa.com/article/news/local/dallas-county/dallas-countys-marijuana-policy-now-as-lenient-as-any-other-in-texas/287-bdb82685-0624-4f38-bc5f-68a126a8a71e |access-date=April 12, 2019 |work=WFAA |date=April 11, 2019 |archive-date=April 12, 2019 |archive-url=https://web.archive.org/web/20190412142850/https://www.wfaa.com/article/news/local/dallas-county/dallas-countys-marijuana-policy-now-as-lenient-as-any-other-in-texas/287-bdb82685-0624-4f38-bc5f-68a126a8a71e |url-status=live }}</ref> |
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====Bexar County expanded cite-and-release, limited enforcement (2019)==== |
====Bexar County expanded cite-and-release, limited enforcement (2019)==== |
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In May 2019, Bexar County District Attorney [[Joe Gonzales (attorney)|Joe Gonzales]] announced that an expanded version of cite-and-release would be implemented during the summer and apply to [[San Antonio]] Police Department as well.<ref name="kabb">{{cite news |last1=Salazar |first1=Maritza |title=Cite-and-release program to start this summer in San Antonio, district attorney says |url=https://foxsanantonio.com/news/local/cite-and-release-program-to-start-this-summer-in-san-antonio-district-attorney-says |access-date=May 21, 2019 |work=KABB |date=May 16, 2019}}</ref> Additionally, Gonzales announced that his office would no longer prosecute possession of less than one ounce of cannabis.<ref name="kabb" /> |
In May 2019, Bexar County District Attorney [[Joe Gonzales (attorney)|Joe Gonzales]] announced that an expanded version of cite-and-release would be implemented during the summer and apply to [[San Antonio]] Police Department as well.<ref name="kabb">{{cite news |last1=Salazar |first1=Maritza |title=Cite-and-release program to start this summer in San Antonio, district attorney says |url=https://foxsanantonio.com/news/local/cite-and-release-program-to-start-this-summer-in-san-antonio-district-attorney-says |access-date=May 21, 2019 |work=KABB |date=May 16, 2019 |archive-date=May 21, 2019 |archive-url=https://web.archive.org/web/20190521220518/https://foxsanantonio.com/news/local/cite-and-release-program-to-start-this-summer-in-san-antonio-district-attorney-says |url-status=live }}</ref> Additionally, Gonzales announced that his office would no longer prosecute possession of less than one ounce of cannabis.<ref name="kabb" /> |
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====Austin depenalization (2020)==== |
====Austin depenalization (2020)==== |
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In January 2020, Austin City Council voted 9–0 in favor of a resolution that effectively eliminates penalties for possessing up to 4 ounces of cannabis and directs the city manager to "take the steps necessary and appropriate to eliminate, to the furthest extent allowable under state law ... the use of arrest or other enforcement action for cannabis-related possession offenses".<ref>{{cite news |last1=Jankowski |first1=Philip |title=Low-level marijuana possession no longer enforced in Austin |url=https://www.statesman.com/news/20200123/low-level-marijuana-possession-no-longer-enforced-in-austin |access-date=January 24, 2020 |work=Austin American-Statesman |date=January 23, 2020}}</ref><ref>{{cite news |last1=Sanders |first1=Austin |title=Council Unanimously Votes to End Low-Level Pot Enforcement |url=https://www.austinchronicle.com/daily/news/2020-01-24/unanimous-council-vote-ends-low-level-pot-enforcement/ |access-date=January 24, 2020 |work=The Austin Chronicle |date=January 24, 2020}}</ref> In July 2020 Austin Police Department announced that it had revised its enforcement policies to comply with the resolution.<ref>{{cite news |last1=McCullough |first1=Jolie |title=Austin police will no longer cite or arrest people for possessing small amounts of marijuana |url=https://www.texastribune.org/2020/07/02/austin-police-marijuana-decriminalization/ |access-date=July 4, 2020 |work=The Texas Tribune |date=July 2, 2020}}</ref> The resolution along with banning the use of [[no-knock warrant]]s was formalized via local ballot measure Proposition A in May 2022.<ref>{{cite news |last1=Marin |first1=Daniel |title=Low-level marijuana, no-knock measures passed by Austin voters |url=https://www.kxan.com/news/your-local-election-hq/austin-voters-to-decide-marijuana-no-knock-warrant-measures/?ipid=promo-chartbeat-desktop |access-date=May 8, 2022 |work=KXAN News |date=May 7, 2022}}</ref> |
In January 2020, Austin City Council voted 9–0 in favor of a resolution that effectively eliminates penalties for possessing up to 4 ounces of cannabis and directs the city manager to "take the steps necessary and appropriate to eliminate, to the furthest extent allowable under state law ... the use of arrest or other enforcement action for cannabis-related possession offenses".<ref>{{cite news |last1=Jankowski |first1=Philip |title=Low-level marijuana possession no longer enforced in Austin |url=https://www.statesman.com/news/20200123/low-level-marijuana-possession-no-longer-enforced-in-austin |access-date=January 24, 2020 |work=Austin American-Statesman |date=January 23, 2020 |archive-date=January 24, 2020 |archive-url=https://web.archive.org/web/20200124052555/https://www.statesman.com/news/20200123/low-level-marijuana-possession-no-longer-enforced-in-austin |url-status=live }}</ref><ref>{{cite news |last1=Sanders |first1=Austin |title=Council Unanimously Votes to End Low-Level Pot Enforcement |url=https://www.austinchronicle.com/daily/news/2020-01-24/unanimous-council-vote-ends-low-level-pot-enforcement/ |access-date=January 24, 2020 |work=The Austin Chronicle |date=January 24, 2020 |archive-date=January 25, 2020 |archive-url=https://web.archive.org/web/20200125030424/https://www.austinchronicle.com/daily/news/2020-01-24/unanimous-council-vote-ends-low-level-pot-enforcement/ |url-status=live }}</ref> In July 2020 Austin Police Department announced that it had revised its enforcement policies to comply with the resolution.<ref>{{cite news |last1=McCullough |first1=Jolie |title=Austin police will no longer cite or arrest people for possessing small amounts of marijuana |url=https://www.texastribune.org/2020/07/02/austin-police-marijuana-decriminalization/ |access-date=July 4, 2020 |work=The Texas Tribune |date=July 2, 2020 |archive-date=July 4, 2020 |archive-url=https://web.archive.org/web/20200704222718/https://www.texastribune.org/2020/07/02/austin-police-marijuana-decriminalization/ |url-status=live }}</ref> The resolution along with banning the use of [[no-knock warrant]]s was formalized via local ballot measure Proposition A in May 2022.<ref>{{cite news |last1=Marin |first1=Daniel |title=Low-level marijuana, no-knock measures passed by Austin voters |url=https://www.kxan.com/news/your-local-election-hq/austin-voters-to-decide-marijuana-no-knock-warrant-measures/?ipid=promo-chartbeat-desktop |access-date=May 8, 2022 |work=KXAN News |date=May 7, 2022 |archive-date=March 22, 2023 |archive-url=https://web.archive.org/web/20230322023751/https://www.kxan.com/news/your-local-election-hq/austin-voters-to-decide-marijuana-no-knock-warrant-measures/?ipid=promo-chartbeat-desktop |url-status=live }}</ref> |
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====El Paso cite-and-release (2020)==== |
====El Paso cite-and-release (2020)==== |
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In May 2020, [[El Paso, Texas|El Paso]] City Council voted 7–0 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.<ref>{{cite news |last1=Smith |first1=Molly |title=El Paso City Council establishes cite-and-release program to take effect Sept. 1 |url=https://www.elpasotimes.com/story/news/2020/05/13/el-paso-city-council-votes-cite-and-release-pot-weed/5183041002/ |access-date=May 18, 2020 |work=El Paso Times |date=May 13, 2020}}</ref> The measure directed the city manager to devise a plan to put the policy in effect by September 1.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=El Paso, Texas Lawmakers Approve Measure To Reduce Arrests For Low-Level Marijuana Possession |url=https://www.marijuanamoment.net/el-paso-texas-lawmakers-approve-measure-to-reduce-arrests-for-low-level-marijuana-possession/ |access-date=May 18, 2020 |work=Marijuana Moment |date=May 14, 2020}}</ref> |
In May 2020, [[El Paso, Texas|El Paso]] City Council voted 7–0 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.<ref>{{cite news |last1=Smith |first1=Molly |title=El Paso City Council establishes cite-and-release program to take effect Sept. 1 |url=https://www.elpasotimes.com/story/news/2020/05/13/el-paso-city-council-votes-cite-and-release-pot-weed/5183041002/ |access-date=May 18, 2020 |work=El Paso Times |date=May 13, 2020 |archive-date=March 22, 2023 |archive-url=https://web.archive.org/web/20230322023750/https://www.elpasotimes.com/story/news/2020/05/13/el-paso-city-council-votes-cite-and-release-pot-weed/5183041002/ |url-status=live }}</ref> The measure directed the city manager to devise a plan to put the policy in effect by September 1.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=El Paso, Texas Lawmakers Approve Measure To Reduce Arrests For Low-Level Marijuana Possession |url=https://www.marijuanamoment.net/el-paso-texas-lawmakers-approve-measure-to-reduce-arrests-for-low-level-marijuana-possession/ |access-date=May 18, 2020 |work=Marijuana Moment |date=May 14, 2020 |archive-date=May 19, 2020 |archive-url=https://web.archive.org/web/20200519185609/https://www.marijuanamoment.net/el-paso-texas-lawmakers-approve-measure-to-reduce-arrests-for-low-level-marijuana-possession/ |url-status=live }}</ref> |
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====Dallas limited enforcement (2021)==== |
====Dallas limited enforcement (2021)==== |
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In March 2021, the [[Dallas, Texas|Dallas]] Police Department announced that they would cease charging people for possession of less than 2 ounces of cannabis, although under certain circumstances an individual would still be charged such as if there are any signs of intent to sell or if in possession of a firearm.<ref>{{cite news |last1=Bailey |first1=Everton Jr. |title=Dallas police will arrest fewer people found with small amounts of marijuana, chief says |url=https://www.dallasnews.com/news/crime/2021/03/03/dallas-cops-will-arrest-less-people-found-with-small-amounts-of-marijuana-police-chief-says/ |access-date=May 20, 2021 |work=The Dallas Morning News |date=March 2, 2021}}</ref><ref>{{cite news |last1=Vaughn |first1=Jacob |title=Dallas Police Relaxes Weed Policy Just in Time For 4/20 |url=https://www.dallasobserver.com/news/dpd-changes-weed-pollicy-just-in-time-for-4-20-12009189 |access-date=May 17, 2021 |work=Dallas Observer |date=April 20, 2021}}</ref> |
In March 2021, the [[Dallas, Texas|Dallas]] Police Department announced that they would cease charging people for possession of less than 2 ounces of cannabis, although under certain circumstances an individual would still be charged such as if there are any signs of intent to sell or if in possession of a firearm.<ref>{{cite news |last1=Bailey |first1=Everton Jr. |title=Dallas police will arrest fewer people found with small amounts of marijuana, chief says |url=https://www.dallasnews.com/news/crime/2021/03/03/dallas-cops-will-arrest-less-people-found-with-small-amounts-of-marijuana-police-chief-says/ |access-date=May 20, 2021 |work=The Dallas Morning News |date=March 2, 2021 |archive-date=May 20, 2021 |archive-url=https://web.archive.org/web/20210520151642/https://www.dallasnews.com/news/crime/2021/03/03/dallas-cops-will-arrest-less-people-found-with-small-amounts-of-marijuana-police-chief-says/ |url-status=live }}</ref><ref>{{cite news |last1=Vaughn |first1=Jacob |title=Dallas Police Relaxes Weed Policy Just in Time For 4/20 |url=https://www.dallasobserver.com/news/dpd-changes-weed-pollicy-just-in-time-for-4-20-12009189 |access-date=May 17, 2021 |work=Dallas Observer |date=April 20, 2021 |archive-date=May 17, 2021 |archive-url=https://web.archive.org/web/20210517143535/https://www.dallasobserver.com/news/dpd-changes-weed-pollicy-just-in-time-for-4-20-12009189 |url-status=live }}</ref> |
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====Plano decriminalization (2021)==== |
====Plano decriminalization (2021)==== |
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In April 2021, the [[Plano, Texas|Plano]] Police Department announced that they would no longer arrest people caught with less than 2 ounces of cannabis. Instead, they may issue tickets for Possession of Drug Paraphernalia, a Class C misdemeanor.<ref>{{cite news |author=Fox 4 Staff |title=Plano police now just issuing tickets for small amounts of marijuana |url=https://www.fox4news.com/news/plano-police-now-just-issuing-tickets-for-small-amounts-of-marijuana |access-date=April 9, 2021 |work=FOX 4 KDFW |date=April 2, 2021}}</ref> |
In April 2021, the [[Plano, Texas|Plano]] Police Department announced that they would no longer arrest people caught with less than 2 ounces of cannabis. Instead, they may issue tickets for Possession of Drug Paraphernalia, a Class C misdemeanor.<ref>{{cite news |author=Fox 4 Staff |title=Plano police now just issuing tickets for small amounts of marijuana |url=https://www.fox4news.com/news/plano-police-now-just-issuing-tickets-for-small-amounts-of-marijuana |access-date=April 9, 2021 |work=FOX 4 KDFW |date=April 2, 2021 |archive-date=April 3, 2021 |archive-url=https://web.archive.org/web/20210403072142/https://www.fox4news.com/news/plano-police-now-just-issuing-tickets-for-small-amounts-of-marijuana |url-status=live }}</ref> |
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====Austin and other city reforms (2022)==== |
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In May 2022, Austin voters approved Proposition A by a 85–15 margin to prevent the enforcement of cannabis laws in most circumstances in the city (though police can still confiscate the drug).<ref>[https://ballotpedia.org/Austin,_Texas,_Proposition_A,_Marijuana_Decriminalization_and_Prohibit_No-Knock_Warrants_Initiative_(May_2022) Austin, Texas Proposition A, marijuana decriminalization and prohibit no-knock warrants initiative (May 2022)] {{Webarchive|url=https://web.archive.org/web/20221110131956/https://ballotpedia.org/Austin,_Texas,_Proposition_A,_Marijuana_Decriminalization_and_Prohibit_No-Knock_Warrants_Initiative_(May_2022) |date=November 10, 2022 }} at Ballotpedia, accessed 2023-03-21</ref><ref>{{cite news|title=Austin voters overwhelmingly say yes to marijuana, no-knock warrant ballot measure|author1=Kara Carlson |author2=Ryan Autullo |newspaper=Austin American-Statesman|date=May 7, 2022|url=https://www.statesman.com/story/news/2022/05/07/texas-elections-2022-results-austin-marijuana-no-knock-warrants-landslide-approval/9688015002/|access-date=March 22, 2023|archive-date=March 14, 2023|archive-url=https://web.archive.org/web/20230314235344/https://www.statesman.com/story/news/2022/05/07/texas-elections-2022-results-austin-marijuana-no-knock-warrants-landslide-approval/9688015002/|url-status=live}}</ref> In November 2022, voters approved similar measures in the cities of [[Killeen, Texas|Killeen]], [[Denton, Texas|Denton]], [[San Marcos, Texas|San Marcos]], [[Harker Heights, Texas|Harker Heights]], and [[Elgin, Texas|Elgin]].<ref>{{cite news |last1=Nguyen |first1=Alex |title=Five Texas cities vote to decriminalize having small amounts of marijuana |url=https://www.texastribune.org/2022/11/09/texas-cities-marijuana-decriminalization-election/ |access-date=March 22, 2023 |work=The Texas Tribune |date=November 9, 2022}}</ref> However, in January 2024, Attorney General [[Ken Paxton]] sued the cities of Austin, Killeen, Denton, San Marcos, and Elgin to block the ordinances, saying in a press release that the cities had adopted "amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution".<ref>{{cite news |last1=Mohamed |first1=Ikram |title=Ken Paxton sues five Texas cities that decriminalized marijuana |url=https://www.texastribune.org/2024/01/31/texas-lawsuit-marijuana-decriminalization/ |access-date=February 7, 2024 |work=The Texas Tribune |date=January 31, 2024}}</ref><ref>{{cite press release |date=January 31, 2024 |title=Attorney General Ken Paxton Sues Five Cities Over Marijuana Policies Preventing Enforcement of Texas Drug Laws |url=https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-five-cities-over-marijuana-policies-preventing-enforcement-texas |publisher=texasattorneygeneral.gov}}</ref> |
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==Advocacy== |
==Advocacy== |
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===Republican Party of Texas=== |
===Republican Party of Texas=== |
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In June 2018, delegates at the [[Republican Party of Texas]] 2018 convention voted to approve a set of platform planks endorsing cannabis policy reform.<ref>{{cite news |last1=Angell |first1=Tom |title=Texas Republican Party Endorses Marijuana Decriminalization |url=https://www.forbes.com/sites/tomangell/2018/06/17/texas-republican-party-endorses-marijuana-decriminalization/ |access-date=March 10, 2019 |work=Forbes |date=June 17, 2018}}</ref><ref>{{cite news |last1=Britschgi |first1=Christian |title=Texas GOP Endorses Marijuana Decriminalization |url=https://reason.com/blog/2018/06/18/texas-gop-endorses-marijuana-decriminali |access-date=March 10, 2019 |work=Reason |date=June 18, 2018}}</ref> The following were approved by delegates: |
In June 2018, delegates at the [[Republican Party of Texas]] 2018 convention voted to approve a set of platform planks endorsing cannabis policy reform.<ref>{{cite news |last1=Angell |first1=Tom |title=Texas Republican Party Endorses Marijuana Decriminalization |url=https://www.forbes.com/sites/tomangell/2018/06/17/texas-republican-party-endorses-marijuana-decriminalization/ |access-date=March 10, 2019 |work=Forbes |date=June 17, 2018 |archive-date=March 10, 2019 |archive-url=https://web.archive.org/web/20190310204918/https://www.forbes.com/sites/tomangell/2018/06/17/texas-republican-party-endorses-marijuana-decriminalization/ |url-status=live }}</ref><ref>{{cite news |last1=Britschgi |first1=Christian |title=Texas GOP Endorses Marijuana Decriminalization |url=https://reason.com/blog/2018/06/18/texas-gop-endorses-marijuana-decriminali |access-date=March 10, 2019 |work=Reason |date=June 18, 2018 |archive-date=January 29, 2019 |archive-url=https://web.archive.org/web/20190129065439/http://reason.com/blog/2018/06/18/texas-gop-endorses-marijuana-decriminali |url-status=live }}</ref> The following were approved by delegates: |
||
* A plank calling for "a change in the law to make it a civil, and not a criminal, offense for legal adults only to possess one ounce or less of marijuana for personal use, punishable by a fine of up to $100, but without jail time" (passed with 81% of the vote). |
* A plank calling for "a change in the law to make it a civil, and not a criminal, offense for legal adults only to possess one ounce or less of marijuana for personal use, punishable by a fine of up to $100, but without jail time" (passed with 81% of the vote). |
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* A plank calling for the Texas Legislature to "pass legislation allowing cultivation, manufacture, and sale of industrial hemp and hemp products" (passed with 83% of the vote). |
* A plank calling for the Texas Legislature to "pass legislation allowing cultivation, manufacture, and sale of industrial hemp and hemp products" (passed with 83% of the vote). |
||
In June 2022, the Texas Republican Party approved platform planks again supporting the rescheduling of cannabis but also opposing the legalization of cannabis for recreational purposes. Planks were approved that read as follows:<ref>{{cite news |last1=Nowlin |first1=Sanford |title=Texas Republican Party's new platform opposes legalizing pot for recreational use |url=https://www.sacurrent.com/cannabis/texas-republican-partys-new-platform-opposes-legalizing-pot-for-recreational-use-29184616 |access-date=June 28, 2022 |work=San Antonio Current |date=June 21, 2022}}</ref><ref>{{cite news |last1=Jaeger |first1=Kyle |title=New Texas Republican Party Platform Opposes Marijuana Legalization But Backs Federal Cannabis Rescheduling |url=https://www.marijuanamoment.net/new-texas-republican-party-platform-opposes-marijuana-legalization-but-backs-federal-cannabis-rescheduling/ |access-date=June 28, 2022 |work=Marijuana Moment |date=June 21, 2022}}</ref> |
In June 2022, the Texas Republican Party approved platform planks again supporting the rescheduling of cannabis but also opposing the legalization of cannabis for recreational purposes. Planks were approved that read as follows:<ref>{{cite news |last1=Nowlin |first1=Sanford |title=Texas Republican Party's new platform opposes legalizing pot for recreational use |url=https://www.sacurrent.com/cannabis/texas-republican-partys-new-platform-opposes-legalizing-pot-for-recreational-use-29184616 |access-date=June 28, 2022 |work=San Antonio Current |date=June 21, 2022 |archive-date=June 24, 2022 |archive-url=https://web.archive.org/web/20220624192953/https://www.sacurrent.com/cannabis/texas-republican-partys-new-platform-opposes-legalizing-pot-for-recreational-use-29184616 |url-status=live }}</ref><ref>{{cite news |last1=Jaeger |first1=Kyle |title=New Texas Republican Party Platform Opposes Marijuana Legalization But Backs Federal Cannabis Rescheduling |url=https://www.marijuanamoment.net/new-texas-republican-party-platform-opposes-marijuana-legalization-but-backs-federal-cannabis-rescheduling/ |access-date=June 28, 2022 |work=Marijuana Moment |date=June 21, 2022 |archive-date=June 28, 2022 |archive-url=https://web.archive.org/web/20220628131628/https://www.marijuanamoment.net/new-texas-republican-party-platform-opposes-marijuana-legalization-but-backs-federal-cannabis-rescheduling/ |url-status=live }}</ref> |
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* Marijuana Remains Illegal: Oppose the legalization of recreational marijuana and offer opportunities for drug treatment before penalties for its illegal possession, use, or distribution |
* Marijuana Remains Illegal: Oppose the legalization of recreational marijuana and offer opportunities for drug treatment before penalties for its illegal possession, use, or distribution |
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===Texas Democratic Party=== |
===Texas Democratic Party=== |
||
In June 2018, delegates at the [[Texas Democratic Party]] 2018 convention voted to approve a set of platform planks endorsing the legalization of cannabis for medical and recreational purposes.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=More State Political Parties Endorse Marijuana Legalization |url=https://www.marijuanamoment.net/more-state-political-parties-endorse-marijuana-legalization/ |access-date=March 10, 2019 |work=Marijuana Moment |date=June 23, 2018}}</ref><ref>{{cite web |title=Texas Democratic Party 2018 – 2020 Platform |url=https://www.txdemocrats.org/our-party/texas-democratic-party-platform/ |website=txdemocrats.org |access-date=March 10, 2019 |archive-url=https://web.archive.org/web/20180705131901/https://www.txdemocrats.org/our-party/texas-democratic-party-platform/ |archive-date=July 5, 2018}}</ref> The following were approved by delegates: |
In June 2018, delegates at the [[Texas Democratic Party]] 2018 convention voted to approve a set of platform planks endorsing the legalization of cannabis for medical and recreational purposes.<ref>{{cite news |last1=Jaeger |first1=Kyle |title=More State Political Parties Endorse Marijuana Legalization |url=https://www.marijuanamoment.net/more-state-political-parties-endorse-marijuana-legalization/ |access-date=March 10, 2019 |work=Marijuana Moment |date=June 23, 2018 |archive-date=June 1, 2019 |archive-url=https://web.archive.org/web/20190601065038/https://www.marijuanamoment.net/more-state-political-parties-endorse-marijuana-legalization/ |url-status=live }}</ref><ref>{{cite web |title=Texas Democratic Party 2018 – 2020 Platform |url=https://www.txdemocrats.org/our-party/texas-democratic-party-platform/ |website=txdemocrats.org |access-date=March 10, 2019 |archive-url=https://web.archive.org/web/20180705131901/https://www.txdemocrats.org/our-party/texas-democratic-party-platform/ |archive-date=July 5, 2018}}</ref> The following were approved by delegates: |
||
* A plank calling for legislation in Texas to "legalize possession and use of cannabis and its derivatives and to regulate its use, production and sale as is successfully done in Colorado, Washington and other States". |
* A plank calling for legislation in Texas to "legalize possession and use of cannabis and its derivatives and to regulate its use, production and sale as is successfully done in Colorado, Washington and other States". |
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===Other=== |
===Other=== |
||
Marijuana Lobby Day was first held in Austin in 2011, when 25 people showed up to press the issue to the legislature (which meets once every two years). In 2013, 50 people attended, in 2015 there were 300, and in 2017 there were 375.<ref>{{cite web|url=http://www.thecannabist.co/2017/02/17/texas-marijuana-lobby-legislation-legalization/73530/ |title=Texas Marijuana Lobby Day has ballooned in size — and potentially influence |publisher=The Cannabist |date=February 8, 2017 |access-date=February 20, 2017}}</ref> |
Marijuana Lobby Day was first held in Austin in 2011, when 25 people showed up to press the issue to the legislature (which meets once every two years). In 2013, 50 people attended, in 2015 there were 300, and in 2017 there were 375.<ref>{{cite web |url=http://www.thecannabist.co/2017/02/17/texas-marijuana-lobby-legislation-legalization/73530/ |title=Texas Marijuana Lobby Day has ballooned in size — and potentially influence |publisher=The Cannabist |date=February 8, 2017 |access-date=February 20, 2017 |archive-date=February 20, 2017 |archive-url=https://web.archive.org/web/20170220172305/http://www.thecannabist.co/2017/02/17/texas-marijuana-lobby-legislation-legalization/73530/ |url-status=live }}</ref> |
||
⚫ | [[Mark Stepnoski]], former All-Pro offensive lineman for the [[Dallas Cowboys]] and [[History of the Houston Oilers|Houston Oilers]], served as president of the Texas chapter of the National Organization for the Reform of Marijuana Laws ([[Texas NORML]]) during the early 2000s.<ref>{{cite news |last1=Donald |first1=Mark |title=Steppin' Out |url=https://www.dallasobserver.com/news/steppin-out-6389457 |access-date=August 9, 2021 |work=Dallas Observer |date=October 31, 2002 |archive-date=August 8, 2021 |archive-url=https://web.archive.org/web/20210808195147/https://www.dallasobserver.com/news/steppin-out-6389457 |url-status=live }}</ref><ref>{{cite news |last1=McKenna |first1=Dave |title=The Grass Is Sometimes Greener |url=https://www.washingtoncitypaper.com/arts/theater/article/13027967/the-grass-is-sometimes-greener |access-date=August 9, 2021 |work=Washington City Paper |date=November 21, 2003 |archive-date=March 10, 2019 |archive-url=https://web.archive.org/web/20190310020417/https://www.washingtoncitypaper.com/arts/theater/article/13027967/the-grass-is-sometimes-greener |url-status=live }}</ref> |
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[[Texas Cannabis Collective]], a pro-legalization group, was founded in 2016.<ref>{{citation|work=Texas Hemp Reporter|title=Meet the Texas Cannabis Collective|first=Jesse |last=Williams|date=October 8, 2021|url=https://texashempreporter.com/who-are-these-guys/}}</ref> |
|||
⚫ | [[Mark Stepnoski]], former All-Pro offensive lineman for the [[Dallas Cowboys]] and [[History of the Houston Oilers|Houston Oilers]], served as president of the Texas chapter of the National Organization for the Reform of Marijuana Laws ([[Texas NORML]]) during the early 2000s.<ref>{{cite news |last1=Donald |first1=Mark |title=Steppin' Out |url=https://www.dallasobserver.com/news/steppin-out-6389457 |access-date=August 9, 2021 |work=Dallas Observer |date=October 31, 2002}}</ref><ref>{{cite news |last1=McKenna |first1=Dave |title=The Grass Is Sometimes Greener |url=https://www.washingtoncitypaper.com/arts/theater/article/13027967/the-grass-is-sometimes-greener |access-date=August 9, 2021 |work=Washington City Paper |date=November 21, 2003}}</ref> |
||
==See also== |
==See also== |
Latest revision as of 03:58, 20 August 2024
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000.[1][2][3] Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Medical use is allowed only in the form of low-THC cannabis oil, less than 1% THC with a doctor's approval and less than 0.3% THC without. Legislation allowing for medical use was first approved in 2015.
Prior to 1973, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. Possession was banned statewide in 1931.
History
[edit]Early history
[edit]John Gregory Bourke described the use of "mariguan", which he identifies as Cannabis indica or Indian hemp, by Mexican residents of the Rio Grande region of Texas in 1894. He described its uses for the treatment of asthma, to expedite delivery, to keep away witches, and as a love-philtre. He also wrote that many Mexicans added the herb to their cigarritos or mescal, often taking a bite of sugar afterward to intensify the effect. Bourke wrote that because it was often used in a mixture with toloachi (which he inaccurately describes as Datura stramonium), mariguan was one of the several plants known as "loco weed". Bourke compared mariguan to hasheesh, which he called "one of the greatest curses of the East", citing reports that users "become maniacs and are apt to commit all sorts of acts of violence and murder", causing degeneration of the body and an idiotic appearance, and mentioned laws against sale of hasheesh "in most Eastern countries".[4][5][6]
1915 El Paso ban
[edit]The Texas city of El Paso was the first American city to individually restrict cannabis, in 1915. The scene for this city ban was set in 1913, when a man killed a police officer in neighboring Ciudad Juarez, Mexico, while chasing an El Paso couple.[7] Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements:
One under its influence is devoid of fear and as reckless of consequences or results. There are instances where the drug crazed victim has been placed in jail, but in many cases officers have been compelled to slay the fiend in order to save their own lives. ... A large percentage of the crimes committed are by men saturated with the drug... Most Mexicans in this section are addicted to the habit, and it is a growing habit among Americans.[8]
1919 Sale restricted
[edit]In 1919, legislation was enacted to prohibit the transfer of narcotics, including cannabis, for non-medical use.[9] Transfer of cannabis in this manner was made a misdemeanor crime;[10] however, possession of the drug still remained legal.[11]
1923 Further restrictions
[edit]In 1923, legislation was enacted to prohibit the possession of narcotics, including cannabis, with intent to sell.[9] As a result of this law, cannabis could no longer be purchased over-the-counter at pharmacies (only by prescription).[11]
1931 Prohibition
[edit]Possession of cannabis was banned statewide in 1931,[11] making it a felony.[12] Until 1973, it would remain classified as a narcotic with the possibility of life sentences imposed for possession of small amounts.[10]
Reforms
[edit]State level
[edit]House Bill 447 (1973)
[edit]In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses.[10][13] Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.[14][15] With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days.[14] The bill passed the Senate by a 24–7 vote and the House 84–58.[10]
House Bill 447 also contained a provision allowing persons serving time for cannabis offenses to be resentenced under the new law.[15] The resentencing provision was later ruled to be unconstitutional; however, by May 1974 Governor Dolph Briscoe had granted clemency to 95 of these prisoners.[10]
House Bill 2391 (2007)
[edit]In June 2007, House Bill 2391 was signed into law by Governor Rick Perry.[16] Under the law, police can "cite and release" for certain misdemeanor crimes instead of subjecting offenders to immediate arrest (though the same penalties still apply).[17] Among the offenses for which a citation can be issued is possession of up to 4 ounces of cannabis.[16] Many police departments announced they would continue to arrest for minor cannabis offenses, however.[18]
Proposed recreational legalization (2015)
[edit]In 2015 State Representative David Simpson introduced House Bill 2165 to legalize the use of cannabis for recreational purposes. A Tea Party-backed conservative, Simpson made a religious case for cannabis, stating: "I don't believe that when God made marijuana, he made a mistake that government needs to fix." In May 2015, Simpson's bill gained a majority of support in the House Criminal Jurisprudence Committee, but was not accepted to make it further on the House floor in the limited time remaining in the legislative session.[19][20]
Limited medical use legalized (2015)
[edit]In June 2015, Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy.[21][22] Abbott caveated his support: "I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes."[23] The bill passed by a 26–5 vote in the Senate and 96–34 in the House.[24][25]
House approves reduced penalties (2019)
[edit]In April 2019, the House of Representatives voted 98–43 to approve House Bill 63.[26] It sought to make possession of up to one ounce of cannabis a Class C (rather than a Class B) misdemeanor, eliminate the threat of jail time, and reduce the fine to $500.[27] The day after its passage in the House, however, Lieutenant Governor Dan Patrick announced that he would not allow a vote on it in the Senate.[28]
Legalization of hemp cultivation and delta-8-THC (2019)
[edit]In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC).[29] It also legalized possession and sale of hemp-derived CBD products without need for a doctor's approval.[30] HB 1325 passed the Senate 31–0 and the House 140–3.[31]
The enactment of HB 1325 also caused an outcome that legislators did not intend. Because it changed the legal definition of marijuana from cannabis in general to cannabis containing greater than 0.3% THC,[31] many marijuana possession charges across the state were soon dropped due to a shortage of THC testing equipment available.[32] Prosecutors in the counties of Harris, Tarrant, Bexar, Travis, Williamson, and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges.[33][34]
The enactment of HB 1325 also caused the psychoactive cannabinoid delta-8-THC to become legal when produced from legally cultivated hemp. The Texas Department of State Health Services later classified the drug as an illegal substance in October 2021,[35][36] but a November 2021 injunction from a district court judge prevented the prohibition from taking effect, until a final ruling on the matter can be made.[37]
Qualifying conditions expanded (2019)
[edit]In June 2019, Governor Abbott signed House Bill 3703 which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program.[38] Previously limited to epilepsy only, the bill added terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, and incurable neurological disorders such as Alzheimer's, Parkinson's, and Huntington's Disease.[39]
Smokable hemp banned (2020)
[edit]In 2020, Texas regulators issued a ban on the manufacture, processing, distribution, and sale of hemp for smoking purposes only.[40][41] In response, local companies protested the ban and filed a lawsuit seeking to have it overturned.[42][43] In September 2020, Travis County District Judge Lora Livingston granted a temporary injunction lifting the ban until the case went to trial in 2021.[44][45] The ban was ruled unconstitutional by Judge Livingston in August 2021;[46] however, in June 2022 the Texas Supreme Court upheld the ban on the manufacturing and processing (but not sale) of smokable hemp.[47]
"Smoke a joint, lose your license" repealed (2021)
[edit]In May 2021, SCR 1 was signed by Governor Abbott to declare that Texas had formally opted out of the requirements of the Solomon–Lautenberg amendment.[48] In June 2021, SB 181 was signed to eliminate a requirement in state law that any drug conviction be penalized with a six-month driver's license suspension,[49] instead allowing judges to waive suspensions for misdemeanor offenders who do not have a drug conviction in the prior 36 months.[50] SB 181 took effect on September 1, 2021.[51]
Medical program expansion (2021)
[edit]In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1.[52] A version of the bill that passed the House allowed for a 5% THC limit, but it was lowered to 1% in the Senate.[53]
House approves medical program expansion (2023)
[edit]House Bill 1805 that would expand covered medical conditions and define a per-dose THC limit instead of a percentage limit was passed by the House of Representatives on April 11, 2023.[54][55]
House approves reduced penalties (2023)
[edit]On April 27, 2023, the House of Representatives passed HB 218 by a 87–59 vote. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor with a maximum fine of $500 and no jail time.[56][57]
County and municipal level
[edit]El Paso drug legalization resolution (2009)
[edit]In January 2009, the city council of El Paso voted 8–0 in favor of a resolution sponsored by councilman Beto O'Rourke calling for a national debate regarding the legalization of drugs as a way to reduce drug cartel violence.[58] The resolution was then vetoed by the mayor, however,[59] and an attempt to override the veto one week later failed by a 4–4 vote.[60] Members of the council had been swayed by pressure from Rep. Silvestre Reyes and several state lawmakers who warned that future allocation of federal funds to the city could be affected.[61]
Austin cite-and-release (2009)
[edit]In February 2009, the Austin Police Department instituted a policy of cite-and-release for possession of small amounts of cannabis.[62][63] The Travis County Sheriff's Office, which encompasses a large part of the Austin metro area, had already been operating under such a policy since the end of 2007.[62]
Harris County First Chance Intervention Program (2014)
[edit]In October 2014, Harris County District Attorney Devon Anderson announced the launch of the First Chance Intervention Program. Under the program, persons possessing less than two ounces of cannabis would still be subject to arrest, but could avoid a criminal conviction by attending drug education classes or performing community service.[64] In January 2016 the program was expanded so that a citation was given instead of arrest, and all law enforcement agencies within the county were required to comply.[65]
Harris County Misdemeanor Marijuana Diversion Program (2017)
[edit]In February 2017, Harris County District Attorney Kim Ogg announced the launch of the Misdemeanor Marijuana Diversion Program that further expanded upon the reforms of the First Chance Intervention Program. Under the new program, persons possessing less than four ounces of cannabis would not face criminal charges or even be issued a citation as long as they agreed to attend a four-hour drug education class.[66] The new program also differed in that persons who had committed previous cannabis offenses would still be eligible to participate.[66] The program went into effect in March 2017.[67]
Dallas cite-and-release (2017)
[edit]In April 2017 the Dallas City Council voted 10–5 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.[68] In October 2017 county commissioners 4–1 voted to approve the plan,[69] and it went into effect in December 2017.[70]
Bexar County cite-and-release, diversion (2017)
[edit]In September 2017, Bexar Country District Attorney Nico LaHood announced a new cite-and-release policy for persons caught with less than 4 ounces of cannabis.[71] The program also allowed cited individuals to avoid criminal charges by attending a class, paying a fine, and performing community service.[72] The policy went into effect for the Bexar County Sheriff's Office in January 2018.[73]
El Paso County First Chance Program (2017)
[edit]In October 2017, El Paso County commissioners voted unanimously to allow people caught with less than 4 ounces of cannabis to pay a $100 fine and perform 8 hours of community service in lieu of facing criminal charges. Named the First Chance Program, it only applies to people that are not caught with any other drugs.[74]
Travis County diversion program (2017)
[edit]In December 2017, Travis County commissioners unanimously approved a plan to allow persons cited for less than two ounces of cannabis to take a four-hour educational course (at the cost of $45) rather than being subject to criminal charges.[75] The policy went into effect in January 2018.[76]
Dallas County limited enforcement, diversion (2019)
[edit]In April 2019, Dallas County District Attorney John Creuzot announced that individuals caught possessing misdemeanor amounts of cannabis would no longer be prosecuted for first-time offenses. Individuals who commit subsequent offenses would be offered diversionary courses to avoid a criminal conviction.[77]
Bexar County expanded cite-and-release, limited enforcement (2019)
[edit]In May 2019, Bexar County District Attorney Joe Gonzales announced that an expanded version of cite-and-release would be implemented during the summer and apply to San Antonio Police Department as well.[78] Additionally, Gonzales announced that his office would no longer prosecute possession of less than one ounce of cannabis.[78]
Austin depenalization (2020)
[edit]In January 2020, Austin City Council voted 9–0 in favor of a resolution that effectively eliminates penalties for possessing up to 4 ounces of cannabis and directs the city manager to "take the steps necessary and appropriate to eliminate, to the furthest extent allowable under state law ... the use of arrest or other enforcement action for cannabis-related possession offenses".[79][80] In July 2020 Austin Police Department announced that it had revised its enforcement policies to comply with the resolution.[81] The resolution along with banning the use of no-knock warrants was formalized via local ballot measure Proposition A in May 2022.[82]
El Paso cite-and-release (2020)
[edit]In May 2020, El Paso City Council voted 7–0 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis.[83] The measure directed the city manager to devise a plan to put the policy in effect by September 1.[84]
Dallas limited enforcement (2021)
[edit]In March 2021, the Dallas Police Department announced that they would cease charging people for possession of less than 2 ounces of cannabis, although under certain circumstances an individual would still be charged such as if there are any signs of intent to sell or if in possession of a firearm.[85][86]
Plano decriminalization (2021)
[edit]In April 2021, the Plano Police Department announced that they would no longer arrest people caught with less than 2 ounces of cannabis. Instead, they may issue tickets for Possession of Drug Paraphernalia, a Class C misdemeanor.[87]
Austin and other city reforms (2022)
[edit]In May 2022, Austin voters approved Proposition A by a 85–15 margin to prevent the enforcement of cannabis laws in most circumstances in the city (though police can still confiscate the drug).[88][89] In November 2022, voters approved similar measures in the cities of Killeen, Denton, San Marcos, Harker Heights, and Elgin.[90] However, in January 2024, Attorney General Ken Paxton sued the cities of Austin, Killeen, Denton, San Marcos, and Elgin to block the ordinances, saying in a press release that the cities had adopted "amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution".[91][92]
Advocacy
[edit]Republican Party of Texas
[edit]In June 2018, delegates at the Republican Party of Texas 2018 convention voted to approve a set of platform planks endorsing cannabis policy reform.[93][94] The following were approved by delegates:
- A plank calling for "a change in the law to make it a civil, and not a criminal, offense for legal adults only to possess one ounce or less of marijuana for personal use, punishable by a fine of up to $100, but without jail time" (passed with 81% of the vote).
- A plank calling for the Texas Legislature to "improve the 2015 Compassionate Use Act to allow doctors to determine the appropriate use of cannabis to certified patients" (passed with 90% of the vote).
- A plank calling for Congress to "remove cannabis from the list of Schedule 1 and move to Schedule 2" (passed with 82% of the vote).
- A plank calling for the Texas Legislature to "pass legislation allowing cultivation, manufacture, and sale of industrial hemp and hemp products" (passed with 83% of the vote).
In June 2022, the Texas Republican Party approved platform planks again supporting the rescheduling of cannabis but also opposing the legalization of cannabis for recreational purposes. Planks were approved that read as follows:[95][96]
- Marijuana Remains Illegal: Oppose the legalization of recreational marijuana and offer opportunities for drug treatment before penalties for its illegal possession, use, or distribution
- Cannabis Classification: Congress should remove cannabis from the list of Schedule 1 and move to Schedule 2.
- Reduce Business Regulations: We believe that the following businesses should be minimally regulated at all levels… Use of hemp as an agricultural commodity.
- Addiction: We oppose legalization and decriminalization of illicit natural and/or illegal synthetic drugs, and we support the exercise of a zero-tolerance policy with maximum penalty for illegal drug manufacturers and distributors. We also oppose any needle exchange programs. Faith-based rehabilitation programs should be considered as a part of an overall rehabilitation program.
Texas Democratic Party
[edit]In June 2018, delegates at the Texas Democratic Party 2018 convention voted to approve a set of platform planks endorsing the legalization of cannabis for medical and recreational purposes.[97][98] The following were approved by delegates:
- A plank calling for legislation in Texas to "legalize possession and use of cannabis and its derivatives and to regulate its use, production and sale as is successfully done in Colorado, Washington and other States".
- Planks calling for the "immediate legalization of medical cannabis" and "federal legislation to remove cannabis as a Schedule 1 Controlled Substance".
- A plank calling for the "immediate release of individuals incarcerated for possession of cannabis and expungement of criminal records of persons convicted or receiving Deferred Adjudication for misdemeanor cannabis offenses".
- A plank calling for the "legalization of hemp for agricultural purposes".
Other
[edit]Marijuana Lobby Day was first held in Austin in 2011, when 25 people showed up to press the issue to the legislature (which meets once every two years). In 2013, 50 people attended, in 2015 there were 300, and in 2017 there were 375.[99]
Mark Stepnoski, former All-Pro offensive lineman for the Dallas Cowboys and Houston Oilers, served as president of the Texas chapter of the National Organization for the Reform of Marijuana Laws (Texas NORML) during the early 2000s.[100][101]
Texas Cannabis Collective, a pro-legalization group, was founded in 2016.[102]
See also
[edit]References
[edit]- ^ "Texas Laws & Penalties". NORML. Archived from the original on July 25, 2019. Retrieved July 25, 2019.
- ^ "Penal Code Offenses by Range" (PDF). Texas Attorney General's Website. Archived (PDF) from the original on November 5, 2021. Retrieved August 10, 2021.
- ^ "PENAL CODE CHAPTER 12. PUNISHMENTS". statutes.capitol.texas.gov. Archived from the original on August 18, 2022. Retrieved August 23, 2022.
- ^ John G. Bourke (January 5, 1984). "Popular medicine, customs, and superstitions of the Rio Grande". Journal of American Folklore. 7–8: 138.
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