A politician in Texas has proposed legislation that would decentralize marijuana legalization to the county and municipal levels. Democratic state representative Jessica González of Dallas introduced House Bill 1937, which mandates the adoption of rules for the administration and enforcement of the bill by the Texas Commission of Licensing and Regulation.
These rules cover areas such as licensing, regulation, testing standards, and transportation. The use of cannabis has been decriminalized or legalized in twenty-seven states in the United States. González made a proclamation after recent research found that “a majority of Texans favored some sort of legalization of cannabis use.”
“While Texas has made progress with the Compassionate Use Act, we have been left behind on a viable revenue source that would raise spending in public education, stop unwarranted arrests for cannabis possession, and create jobs in our state. House Bill 1937 would provide those 21 and above the right to vote on the issue of cannabis legalization at the local level.
Adults Could Posses Up To 2.5 Ounces Of Pot
With the passage of González’s bill, local governments in Texas would be able to decide for themselves whether or not to allow recreational Marijuana use. Should the motion be approved by municipalities, those over the age of 21 would be permitted to carry no more than 2.5 ounces of marijuana and no more than 15 grams of cannabis concentrates.
Legal adults would be able to keep up to 10 ounces of cannabis on their property, with any amount beyond 2.5 ounces requiring locked storage. The Texas Commission of Licensing and Regulation would be in charge of crafting guidelines for the implementation of the proposal, including licensing, regulation, testing requirements, and transportation for cannabis enterprises.
Also, under House Bill 1937, cannabis goods would be subject to a 10% tax, with the proceeds going toward the cost of licensing authorities, conducting tests to ensure safety, and supervising grow operations. If there is money left over after expenses, it would go into a state fund that provides money to public school districts.
Bill Faces Uphill Battle
With such strong opposition in the state legislature, the bill’s chances of being passed are low. Republican Governor Greg Abbot must also approve the legislation because he is against full marijuana legalization but is in favor of reducing the drug’s criminal penalties.
When running for re-election last year. Abbott said, “One thing that I believe in and I believe the Texas Legislature believes in, that is a prison and jail is a place for serious offenders who may hurt others.” Small-time marijuana possession is hardly the type of crime for which we should build up prison populations.
In spite of the bill’s uncertain future, Shawn Hauser, a partner with Vicente Sederberg LLP and the co-chair of the firm’s Hemp and Cannabinoids Department, argues that it should be passed so that municipal laws can more accurately reflect the opinions of most Texans.
“While unfortunately unlikely to advance this session, Rep. Gonzales’s bill is a thoughtful approach to achieve long-overdue cannabis reforms in Texas,” writes Hauser in an email. “Outdated laws continue to criminalize cannabis use, sending more than $500 million in new tax revenue and hundreds of thousands of jobs to other states.”
Sixty-seven percent of Texas back legalizing cannabis for adult use, and an overwhelming eighty-two percent back using cannabis for medical purposes, so it’s clear that cannabis legalization has bipartisan support. As the author puts it, “the fact that this bill is unlikely to garner support from the legislature this year underlines how misaligned the state is from its residents and the 21 U.S.
“States that have seen the light on the failure of prohibition are the ones that benefit most,” Hauser says. The state should carefully consider the positive effects of a responsible regulatory system like HB 1937 on public health, criminal justice, and the economy.
Municipal governments in Dallas, Austin, El Paso, and others in Texas have all passed initiatives to decriminalize marijuana and begin the process of reforming cannabis policy in their own communities. Chad West and Adam Bazaldua, two members of the Dallas City Council, have both stated that they would support González’s plan to legalize cannabis if given the opportunity.
