Category Archives: News

Texas Marijuana Policy Briefing and Luncheon

The Texas Legislature will convene in January and advocates for marijuana law reform have more opportunity than ever before!

Join us for a private luncheon and policy briefing on currently proposed legislation, prospects for meaningful reform during the upcoming legislative session, and opportunities for advocacy at the Capitol or in your hometown.

Tickets are $65 and seating is limited — secure your seat now! 

Admission includes lunch, a presentation on current and proposed marijuana policies in Texas, and discussion on advancing marijuana law reform in 2019.

Briefing will be presented by Heather Fazio, director of Texans for Responsible Marijuana Policy.

Free parking available in fenced lots on Calhoun Street between 14th and 15th Streets.

Email hfazio@txmjpolicy.org with dietary preferences or questions about the event.

Texas legislation seeks to more fairly assess penalties for cannabis concentrates and infused products

A bill introduced by Rep. Terry Canales addresses the unreasonable way charges are levied against those in possession of cannabis oil or infused products like lozenges or baked goods.

Currently, infused edible products carry significantly higher penalties than simple possession of marijuana. For example, a person caught with a batch of brownies made with marijuana would face an automatic felony charge. Worse, though, the person would be charged with the entire weight of the brownie, including the flour, chocolate, eggs, sugar, etc. A few years ago, a young man in Williamson County faced 99 years to life in state prison for a batch of marijuana brownies.

If enacted, HB 186 would only allow prosecution for the amount of marijuana in the product. It will still be a felony, but will be much more reasonably assessed.

“If we are going to continue to waste tax-payer dollars by incarcerating people for marijuana possession, we should not be charging people for the weight of the container which leads to an over-inflation of the weight of the substance and heavier criminal penalties,” says Rep. Terry Canales, an attorney and long-standing member of the House Criminal Jurisprudence Committee. “Current law allows law enforcement to over-zealously increase criminal penalties for Texans and we, the taxpayers, are paying for it.”

More information about the bill:

HB 186 (Rep. Terry Canales) — Relating to the determination of the weight of marihuana and other tetrahydrocannabinols for the purpose of the prosecution and punishment of the offense of possession of those substances.

Here you can find a fill list of all marijuana-related bills in Texas: http://www.texasmarijuanapolicy.org/2018/11/12/txmjpolicy-all-marijuana-related-bills-filed-in-texas/

TxMJPolicy Update: All marijuana-related bills filed in Texas

The 86th Texas Legislature will convene in January, but the pre-filing period began on Nov. 12. Lawmakers can now introduce legislation for consideration during the upcoming legislative session.

Several marijuana related bills have been introduced:

HB 63 (Rep. Joe Moody) — Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

SB 90 (Sen. Jose Menendez) — Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and testing facilities; authorizing fees.

HB 186 (Rep. Terry Canales) — Relating to the determination of the weight of marihuana and other tetrahydrocannabinols for the purpose of the prosecution and punishment of the offense of possession of those substances.

HB 122 (Rep. Gina Hinojosa) — Relating to the medical use of marihuana; providing an affirmative defense to prosecution for possession of marihuana.

HJR 21 (Rep. Ron Reynolds) — Proposing a constitutional amendment to authorize and regulate the possession, cultivation, and sale of cannabis for medical use.

HB 209 (Rep. Ron Reynolds) — Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and testing facilities; authorizing fees.

SB 116 (Sen. Jose Menendez) — Relating to industrial hemp; requiring an occupational license; authorizing fees.

SJR 7 (Sen. Jose Rodriguez) — Proposing a constitutional amendment to authorize and regulate the possession, cultivation, and sale of cannabis for medical use.

SJR 8 (Sen. Jose Rodriguez) — Proposing a constitutional amendment to authorize and regulate the possession, cultivation, and sale of cannabis.

SB 156 (Sen. Jose Rodriguez) — Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

HB 335 (Rep. Harold Dutton) — Relating to the penalties for possession of one ounce or less of marihuana and eligibility for placement on community supervision or on deferred adjudication community supervision for that offense.

HB 371 (Rep. Alma Allen) — Relating to the prosecution of and penalties for possession of one ounce or less of marihuana.

This list will be updated as marijuana-related bills are introduced.

Texas: Civil Penalties Bill Filed — Support HB 63!

Chairman Joseph Moody’s HB 63 will eliminate arrest, jail time, and criminal record for low-level marijuana possession!

The 86th Texas Legislature will convene in January, but the pre-filing period began today. Lawmakers can now introduce legislation for consideration during the upcoming legislative session.

Rep. Joseph Moody, a former prosecutor with accolades from the County and District Attorney Association and chairman of the House Criminal Jurisprudence Committee, has introduced House Bill 63, a proposal to institute a civil penalty for low-level marijuana possession. The proposal would eliminate the threat of arrest, jail time, and criminal record for less than an ounce of marijuana.

Ask your representative to co-author HB 63!

In 2016, Texas arrested more than 66,000 people for simple marijuana possession. Of those arrested, 67% were under the age of 30.

According to the Department of Public Safety, between August 2017-August 2018,  more than 41,000 people were convicted of a marijuana possession charge. Each of these individuals will now carry a life-long criminal record that hinders their access to education, employment, and housing. Additionally, each of these people had their Driver’s License suspended for six months and their License to Carry suspended for seven years.

The time has come for marijuana law reform! Take action now in support of HB 63!

Over the last several years, we’ve seen increasing support and this legislative session offers a unique opportunity for the majority of Texans who want to see our state’s outdated laws changed. Let’s get it done!

Thank you for your continued support of reform!

P.S. We’re expecting several other marijuana-related bills to be introduced. Stay tuned for updates.

Gov. Abbott gives legislature green light on marijuana

For the first time, Gov. Abbott signals support for reducing penalties for low-level marijuana possession.

During the first televised debate between himself and challenger Lupe Valdez, Texas Governor Greg Abbott signaled his support of reducing penalties for low-level marijuana possession. Specifically, the governor said, “I would be open to talking to the legislature about reducing the penalty for [marijuana] possession of 2 ounces or less from a Class B misdemeanor to a Class C misdemeanor.”

This is great news! Advocates from across the state have been working hard to encourage Gov. Abbott and state legislators to consider an alternative to Texas’ outdated and unreasonable penalties for marijuana. Please send Governor Abbott a quick thank you note so he knows you appreciate him taking this issue seriously.

The governor’s shift in opinion comes just months after the Republican Party of Texas included in their platform support 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.”

Texas arrests more than 60,000 people annually for marijuana possession. In recent years, lawmakers have put forward various proposals to reduce penalties. Chairman Joseph Moody’s HB 81 got the most traction during the 2017 legislative session. It was scheduled for a vote by the Texas House of Representatives, but failed to meet the  deadline. If passed, the measure would have made possession of one ounce or less a civil, not a criminal penalty. Law enforcement would issue a citation and fine, but the offender would avoid a permanent criminal record, which carries lasting collateral consequences such as diminished access to education, employment, and housing.

Valuable public safety resources are being wasted when law enforcement is tasked with arresting people for marijuana possession. Most Texans agree that it is time for the legislature to  enact a more sensible approach!

Both Gov. Abbott and Sheriff Valdez’s full comments on marijuana law reform can be found here.

Thank you for your support and advocacy. Change is coming to Texas and it’s thanks to people like you!

The Texas Marijuana Policy Conference was outstanding!

On August 11, hundreds of Texans gathered in Austin for the first-ever Texas Marijuana Policy Conference.

Chairman Joe Moody

Conference speakers discussed state and federal marijuana policy from personal and professional perspectives. We heard from state and federal lawmakers, professional athletes, policy experts, and advocates, including veterans, patients, and caregivers. Here’s the full list of speakers from the event.

We are less than three months away from the legislative pre-filing period, which is when we expect to see marijuana related bills introduced. We’re excited about our opportunities for reform during the coming legislative session. Thank you for your support!

We want to make a big impact; please consider contributing toward our work!
All funds will be dedicated to advocacy efforts at the Texas Capitol.

Here are some of the highlights:

Roadmap to Reform, Texas’ Political Landscape: John Baucum, Christy Zartler, Dr. Joshua Blank, and Jax Finkel (not pictured)
Cannabis, Faith, and Family: Jason Rink, Amy Fawell, Pastor Rick Sitton, Rev. Alexander Sharp
Congressman Dana Roharbacher: “States, not the federal government, should make decisions regarding marijuana.”
Professional Athletes, Chronic Pain, and Cannabis: Dr. Sue Sisley, Mike James, Dr. Robert Marks, Solomon Page
Medical Cannabis Research: Nishi Whiteley, Dr. Elias Jackson, Dr. David Auer, Dr. Bryon Adinoff

Award Presentations

 If you weren’t there this year, you really missed out.

Event Photos: Here’s link to our online photo album. More photos will be added throughout the week. Feel free to tag yourself and friends if you were there!

Resource Materials: Click here to find the downloadable PDF handouts we provided on our resource table at the conference. Please feel free to share these materials with your friends and family members who want get involved with our efforts to change laws in Texas.

Thank you for your support of marijuana law reform and our effort to advance the cause!

#TxMJCon18: Only 25 tickets left…sales end tomorrow at midnight!

There are only 25 tickets left for the Texas Marijuana Policy Conference. Register now if you want to attend this first-of-its-kind event!

This weekend’s conference will feature state and federal lawmakers, professional athletes, academics, scientists, medical professionals, policy experts, law enforcement officials, and advocates, including veterans, patients, and caregivers. Here’s our full conference agenda.

Throughout the conference, we’ll hear from speakers about various issues relating to marijuana policy. We’ll discuss cannabis as an alternative to opiates for pain and making the Compassionate Use Program more inclusive for patients with debilitating medical conditions. Speakers will also dive into the nuances of marijuana criminalization, including the patchwork policies we see throughout our state as local law enforcement moves away from arresting and prosecuting people for marijuana possession.

Federal policies are rapidly changing, but experts will help us better understand where Congress stands now and how we can affect real change nationally. In addition to an expert panel, we’ll hear from Congressman Dana Rohrabacher who has been leading bipartisan efforts to protect states that have decided to regulate cannabis, rather than prohibit it outright.

Join us this weekend in Austin! Click here to register.

NEW POLL: Nearly 70% of Texans Support Reducing Penalties for Marijuana Possession

Most Texans want to see a more sensible approach to marijuana policy!

According to the latest University of Texas/Texas Tribune Poll:

A large majority of Texans — 69 percent — would support reduced penalties for possession of small amounts of [marijuana]. Only 21 percent were opposed to that proposition, which the poll phrased this way:

“As you may know, currently, the maximum penalty for possession of small amounts of marijuana can include up to 180 days in jail and/or a fine of up to $2,000. Would you support or oppose reducing punishment for possession of small amounts of marijuana to a citation and a fine of $250?”

Credit: Texas Tribune

That reflects an increasing permissive attitude even among conservatives. At their recent state convention, Texas Republicans adopted a similar plank for their platform: “We support 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.”

Younger Texans might be pushing the issue, but age alone isn’t driving the changes in public opinion.

“We’ve seen this movement take place in a much shorter period of time than the age differences would produce,” said Josh Blank, manager of polling and research at UT-Austin’s Texas Politics Project. He noted that support for medical marijuana has remained relatively stable over several UT/TT polls, even as Texans’ permissiveness has shifted from “never.”

Join us in Austin for Texas’ first statewide marijuana policy conference to learn more about the shifting political climate and the prospects for reform when our Legislature convenes in January.

Oklahoma legalizes medical cannabis!

Texas is now surrounded by states that no longer prohibit access to cannabis for patients with their doctor’s recommendation.

By a double digit margin, Oklahoma voters approved a proposal to “legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes.”

Oklahoma is arguably one of the most conservative states in the US and voters have sent a very clear message: It’s time for a change! This move by our northern neighbors adds to the momentum of advocates who want to see Texas’ unreasonably restrictive Compassionate Use Program made more inclusive. 

Here’s the full language of the Oklahoma proposal:

BALLOT TITLE FOR STATE QUESTION NO. 788

This measure amends the Oklahoma State Statutes. A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes. A license is required for use and possession of marijuana for medicinal purposes and must be approved by an Oklahoma Board Certified Physician. The State Department of Health will issue medical marijuana licenses if the applicant is eighteen years or older and an Oklahoma resident. A special exception will be granted to an applicant under the age of eighteen, however these applications must be signed by two physicians and a parent or legal guardian.
The Department will also issue seller, grower, packaging, transportation, research and caregiver licenses. Individual and retail businesses must meet minimal requirements to be licensed to sell marijuana to licensees. The punishment for unlicensed possession of permitted amounts of marijuana for individuals who can state a medical condition is a fine not exceeding four hundred dollars. Fees and zoning restrictions are established. A seven percent state tax is imposed on medical marijuana sales.

 

SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL – YES
AGAINST THE PROPOSAL – NO

 

A “YES” vote is a vote in favor of this measure. A “NO” vote is a vote against this measure.

Congratulations, Oklahoma!

Marijuana policy reform now supported by all political parties in Texas!

We’ve known for some time that a majority of Texans support reforming our state’s outdated and unreasonably harsh marijuana laws. Now for the first time, all political parties on the ballot in Texas have officially declared their support for reform!

In April, the Libertarian Party of Texas reaffirmed their long-held support for repealing prohibition entirely. Over the weekend, they were joined by the Texas Democratic Party. While they didn’t go quite as far, earlier this month, the Republican Party of Texas declared their support for several types of marijuana law reform, including a call on the legislature to replace criminal penalties for low-level possession with simple civil citations.

Finding common ground is critical in politics and this shift in opinion puts advocates in an excellent position to pass meaningful reform when the Legislature convenes in January!

Making the offense civil, rather than criminal, would eliminate the threat of arrest, jail time and (most importantly) the permanent criminal record currently associated with even small amounts of marijuana. That means Texans would not have their futures jeopardized for simply possessing marijuana, a plant we know to be objectively safer than alcohol, tobacco, and many prescription drugs.

Contact your Texas legislators now to let them know you support this sensible approach to marijuana policy!

P.S. Don’t forget to register for our upcoming Texas Marijuana Policy Conference. Early bird prices are available!