Civil Penalties

House Bill 81 – Reduce penalties for low-level marijuana possession: no arrest, no jail time, no criminal record (policy overview)
Status:05/11/2017 H Placed on General State Calendar (No vote taken.)
04/03/2017 Reported Favorably by House Criminal Jurisprudence Committee (Vote: 4-2). Details.
Authors: Moody | Isaac | Dutton | Minjarez | White
Co-Authors: Allen | Alonzo | Alvarado | Anchia | Arévalo | Bernal | Blanco | Canales | Collier | Davis, Yvonne | Gervin-Hawkins | González, Mary | Gutierrez | Hernandez | Hinojosa, Gina | Howard | Israel | Johnson, Eric | Johnson, Jarvis | Longoria | Lucio III | Miller | Nevárez | Oliveira | Ortega | Reynolds | Rodriguez, Eddie | Rodriguez, Justin | Romero, Jr. | Rose | Thierry | Thompson, Senfronia | Turner | Walle | Wu

• Joe Moody was appointed to serve as chairman of the Criminal Jurisprudence. This positive development means that we will have a timely hearing.
• If you have law enforcement experience and support this policy, if you’ve been arrested for simple possession of marijuana, or if you are someone else who could be particularly influential in this discussion, please click here to discuss how you can help us earn support from legislators.
• Jason Isaac, a conservative from Dripping Springs, has joint-authored HB 81 along with two others and 35 co-authors.
• Contact your legislators in support of this more sensible approach to marijuana policy.

Senate Bill 170 – Reduce penalties for low-level marijuana possession: no arrest, no jail time, no criminal record (HB 81 companion)
Status: Referred to Criminal Justice
Author: Sen. José Rodríguez

Medical Cannabis

House Bill 2107 – Make the Compassionate Use Program more inclusive: add qualifying conditions, lift cap on THC, make workable by fixing flawed “prescription” language (policy overview)
Status: 05/09/2017 H Committee report sent to Calendars (No vote taken.)
Authors: Lucio III | Isaac | White | Simmons | Sheffield
Co-Authors: Allen | Alonzo | Alvarado | Anchia | Arévalo | Bailes | Bernal | Biedermann | Blanco | Canales | Clardy | Coleman | Collier | Cook | Cortez | Cyrier | Darby | Deshotel | Dukes | Dutton | Faircloth | Frank | Gervin-Hawkins | Giddings | Goldman | González, Mary | Gooden | Guerra | Guillen | Gutierrez | Hernandez | Hinojosa, Gina | Holland | Howard | Huberty | Israel | Johnson, Eric | King, Phil | Lambert | Longoria | Lozano | Martinez, “Mando” | Minjarez | Moody | Morrison, Geanie W. | Muñoz, Jr. | Murphy | Nevárez | Oliverson | Ortega | Perez | Phelan | Raney | Reynolds | Rodriguez, Eddie | Rodriguez, Justin | Romero, Jr. | Rose | Stickland | Stucky | Thierry | Thompson, Senfronia | Turner | Uresti, Tomas | VanDeaver | Villalba | Vo | Walle | Workman | Wu | Zedler | Zerwas

• BI-PARTISAN SUPPORT! Joint-authored by Rep. Jason Isaac (R-Dripping Springs),  Rep. James White (R-Hillister), Rep. Ron Simmons (R-Carrollton), and Rep. J.D. Sheffield (R-Gatesville), plus co-authored by 77 representatives.
• Please contact your legislators; encourage them to support medical cannabis access for patients.

Senate Bill 269 – Make the Compassionate Use Program more inclusive: add qualifying conditions, lift cap on THC, make workable by fixing flawed “prescription” language (HB 2107 companion)
Status: Referred to Health & Human Services Committee
Author: Sen. José Menéndez

House Bill 780 – Zoning regarding Texas Compassionate Use Program
Status: Referred to Urban Affairs
Author: Rep. Matt Shaheen

• Prevents localities from adopting zoning ordinances regarding cultivating, producing, dispensing, or possessing high CBD / low THC cannabis that would have the same effects as prohibiting it in the area.

Other Penalty Reduction Bills and
Affirmative Defense

House Bill 82 and House Bill 680 – Reclassify low-level marijuana possession to a criminal class C misdemeanor
Status: Referred to Criminal Jurisprudence
Authors: Rep. Harold Dutton and Rep. Gene Wu, respectively.

• These bills will eliminate jail time for small amounts of marijuana, but maintain possibility of arrest and criminal record (and life-long collateral consequences) upon conviction.

House Bill 58 – Allow for the establishment of county-level first-time offender diversion programs.
Status: Referred to Criminal Jurisprudence
Author: Rep. James White

• This is something that can and is being done via prosecutorial discretion.

House Bill 2200 – Affirmative defense to prosecution
Status: Left Pending by Committee on 4/24/17
Author: Rep. Gina Hinojosa

• This bill has been introduced for many sessions, but hasn’t moved out of committee.
• Provides protection from conviction for patients after arrest and at the judge’s discretion. Provides no safe/legal access.

Joint Resolutions (Constitutional Amendments)

This type of legislation requires approval from a super majority of the legislature and places the specified policy on Texas’ 2018 ballot for a vote. Each of the following bills provides vague language and lacks appropriate deadlines, creating opportunity for significant delays in implementation.

Senate Joint Resolution 17 and House Joint Resolution 46 – Instruct the legislature to establish legal retail market for adult use. (SJR 17: Referred to Senate Criminal Justice Committee, HJR 46: Referred to House State Affairs.)

Senate Joint Resolution 18 – Instruct the legislature to establish a comprehensive medical cannabis program. (SJR 18: Referred to Senate Health & Humans Services.)