A growing number of Texans support the legalization of marijuana, according to a statewide poll.
Overall, 60% of Texas adults said they support legalizing marijuana, the 18th annual Tex as Lyceum Poll found. That represents a 14-point jump since the survey last asked about marijuana in 2015.
Opposition to legalization comes largely from older adults, Republicans and self-identified conservatives. Among Texans over the age of 65 and Republicans, just 49% said they support legalization. Among those who identified as conservative, 46% were in support.
Just 31% of those polled said they oppose marijuana legislation. Roughly 10% said they did not know.
Among those who oppose legalization, 42% said that they would support decriminalizing possession of small amounts to a citation and fine.
Some Texas cities have tried to decriminalize marijuana, but they face pushback from Attorney General Ken Paxton, who earlier this year announced he was suing five cities, including Denton, over their marijuana policies. His office also sued Austin, Elgin, Killeen and San Marcos.
In 2022, Denton voters approved an ordinance to decriminalize marijuana, with 71% of voters in favor.
In a statement, Paxton described the cities as being “run by pro-crime extremists” who “deliberately violate Texas law and promote the use of illicit drugs that harm our communities.”
Marijuana is still illegal under federal law, but 24 states, including Colorado and New Mexico, have legalized the drug for recreational use.
It’s not clear whether widespread support for legalization will sway legislators in Texas, where marijuana laws are a confusing patchwork.
Medical marijuana is legal to a certain extent in Texas. Eligible residents can access low-level THC cannabis under the state’s compassionate use program, established in 2015. It allows certain physicians to prescribe medical use low-THC products to patients with seizure disorders, multiple sclerosis and other conditions. The Texas Legislature expanded the program’s eligibility to include patients with all forms of PTSD and cancer in 2021.
Hemp was legalized in Texas in 2019, authorizing the commercial production, manufacture and retail sale of the plant that CBD is derived from. While both have a similar compound structure, CBD and THC affect the body differently as the latter produces more of a high.
Consequences for marijuana possession vary depending on the amount.
Possession of up to 2 ounces of marijuana is a Class B misdemeanor and punishable by up to 180 days in jail and a fine of up to $2,000. Possession of more than 2 ounces could result in up to a year in jail, and more than 4 ounces is a felony with a mandatory minimum sentence of 2 years.
Any amount of cannabis concentrate, commonly found in products such as edibles, gummies, THC oils and dab pens, is a felony in Texas punishable with a minimum $10,000 fine and 180 days in jails. Marijuana paraphernalia, including bongs and pipes, is also illegal and can result in a $500 fine.
In November, the Texas Lyceum will host a conference in South Padre exploring the future of marijuana and gambling in Texas. Gambling had roughly the same support as legal marijuana, with 57% of those surveyed saying they would support expanded casino gambling.
The Texas Lyceum conducted the nonpartisan telephone poll of 1,200 Texans in April.