'Monumental': Texas Bill to Legalize Cannabis Gets a Hearing | Dallas Observer
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'Monumental': Texas Bill To Legalize Cannabis Gets a Hearing

Sometimes just getting invited to the party is enough. A new bill could legalize cannabis use and possession for Texans 21 and older.
Rep. Joe Moody, an El Paso Democrat, has filed a bill to allow possession of cannabis by adults.
Rep. Joe Moody, an El Paso Democrat, has filed a bill to allow possession of cannabis by adults. Mark, CC BY 2.0, via Wikimedia Commons
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Today, a bill that could legalize adult-use cannabis is receiving a hearing in the Texas Legislature. If enacted, House Bill 3652, filed by Rep. Joe Moody, a Democrat from El Paso, would allow adults 21 and older to use, possess and transport up to 2.5 ounces of cannabis. The bill would also allow people to cultivate up to 12 of their own cannabis plants on their property.

The bill provides that quantities greater than 2.5 ounces must be stored in an area with locks or other security devices to restrict access. Retail sale of cannabis would also be legal under the bill. Moody, a longtime advocate of cannabis reform in Texas, did not respond to a request for comment. His bill will be heard in front of the Licensing and Administrative Procedures Committee.

If we’re being honest, HB 3652 has next to no chance of passing. Gov. Greg Abbott would have to sign it, and based on statements he’s made in the past, he has no intentions of putting his signature on a bill that would legalize adult-use cannabis across the state. When it comes to cannabis, Abbott appears interested only in penalty reductions for possession and in limited uses for the plant as a medication under the Texas Compassionate Use Program. 

“It’s late in the session and anything is possible, but it certainly does face an extreme uphill battle." – Daryoush Austin Zamhariri, Texas Cannabis Collective

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So sure, the chances are slim, but HB 3652 is still exciting to Daryoush Austin Zamhariri, creator and chief editor of the Fort Worth-based Texas Cannabis Collective news site. Texas Cannabis Collective is also a nonprofit with a focus on cannabis policy, the industry and the culture surrounding it all. It would be a big deal (and huge surprise) if the bill became a law. But, to Zamhariri and others on his team, it’s significant that the bill is getting a hearing at all.

“It’s late in the session and anything is possible, but it certainly does face an extreme uphill battle,” Zamhariri said. “I think what is important is that at least the public sees that somewhere in the Capitol of Texas, there are elected officials ready to have the discussion of whole-plant cannabis legalization and what that may look like.”

Jesse Williams, a local cannabis advocate and the managing editor and deputy director of Texas Cannabis Collective, said the bill likely won’t make it far. “But having a hearing in committee for it is monumental as a step for Texas, especially as it will give Texans a chance to show they have a taste for more change in Texas cannabis law,” Williams said.

Adult-use cannabis became legal in New Mexico last year, and Zamhariri said Moody has been able to see first-hand how legalization can benefit both state and local economies. Moody would probably like to see those same benefits in Texas. “I think legalization in New Mexico has certainly helped inspire Representative Moody to continue to boldly carry this conversation,” Zamhariri said. “Clearly, other house members are ready to hear more about it.”

He added, “It will be very interesting to see how this committee hearing plays out to see how in tune or out of touch certain House members are with the majority of Texans on this issue.”

If enacted, the law would take effect on Sept. 1 this year. The Texas Commission of Licensing and Regulation would then adopt rules to implement the law by July 1, 2024. By Nov. 1, 2024, the Texas Department of Licensing and Regulation would start issuing licenses to cannabis growers and establishments.
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