Could Texas legalize recreational marijuana? Dallas representative files bill to do so

 

The bill comes as Lt. Gov. Dan Patrick is efforting banning the sale of all THC products in the state.

DALLAS — A Dallas state representative has filed a bill to legalize recreational marijuana in Texas as Lt. Gov. Dan Patrick bans the sale of all THC products in the state.

The bill, filed by State Rep. Jessica Gonzalez (D-Dallas) in mid-November, would allow adults 21 and older to possess, use and transport up to 2.5 ounces of marijuana for personal use. The bill would also allow for adults to keep up to 10 ounces of marijuana, if it’s stored in a secure location.

The bill would also require that cannabis products have child-resistant packaging and be clearly labeled. 

Businesses seeking to grow, transport or test cannabis would still need to be licensed by the Texas Department of Licensing and Regulation and a 10% tax would be imposed on the sale of cannabis products under the new bill. 

Smoking marijuana in a public place or in a car on public roads would still not be allowed under the bill, though. 

If passed, the bill would take effect Sept. 1, 2025. 

Currently, Texas is among the states that haven’t legalized marijuana for broad use, but the state has a medical marijuana program called the Texas Compassionate Use Act passed in 2015. Through the program, DPS operates an online registry of physicians who can prescribe low tetrahydrocannabinol (THC) to patients with specific medical conditions.

Gonzalez’s bill was filed before Patrick announced an effort to ban THC from being sold in Texas at all. Patrick said his bill wouldn’t affect the Compassionate Use program.

Texas Agriculture Sid Miller, though, recently appeared to disagree with Patrick on THC’s future in Texas.

An X user recently asked Miller, “Why is the Texas government trying to outlaw THC? Isn’t it medicine for some folks?” 

“Not everyone is on the same page on this,” Miller replied. “The GOP needs to find some consensus instead of constantly running in opposite directions. We know what the polls say. It’s time to support the will of Texans.”

Dallas recently passed a city charter amendment banning police from arresting people suspected of having up to 4 ounces of marijuana. 

Proposition R, which was spearheaded by a self-described progressive group called Ground Game Texas, was approved with about 67% of the vote. It also makes enforcement of Class A and B misdemeanor marijuana possession the Dallas Police Department’s lowest priority and prohibits the use of city resources for THC testing except for purposes of ensuring public safety or in the investigation of a violent felony.

After it passed, some Dallas city council members questioned whether the ordinance could be enforced, citing concerns about pre-empting state law.

Texas Attorney General Ken Paxton sued the city of Dallas over the charter amendment last month.

Paxton previously sued five cities, including Denton, over ordinances to deprioritize misdemeanor marijuana enforcement.