Law Texas

[momofthegoons]

Texas House Approves Psychedelics Research Bill As Marijuana Reform Measures Also Advance​

The Texas House of Representatives on Thursday approved to a bill that would require the state to conduct a study into the therapeutic potential of psychedelics like psilocybin and MDMA. This comes as numerous marijuana reform measures move through the legislature.

The legislation, sponsored by Rep. Alex Dominguez (D), passed by a vote of 134-12. It had advanced on second reading via a voice vote a day earlier. It now heads to the Senate.

The House Public Health Committee passed the bill with amendments last week. Members revised the measure to limit the scope of the state-funded study to focus on military veterans with post-traumatic stress disorder (PTSD), rather than a broader list of conditions attached to the initial bill.

“We lose about 6,000 veterans every year—and since 2001, we have lost 114,000 of our veterans to PTSD and suicide,” Dominguez said on the floor before the second reading vote.

The legislation will do something that’s “sorely needed, and that’s taking a fresh look at what we can do to save the lives of our servicemen and women that have given their lives to this country,” he said. “We can make a difference, and we can send a message to Washington that they need to be doing more.”

The bill would require the state to study the medical risks and benefits of psilocybin, MDMA and ketamine for veterans in partnership with Baylor College of Medicine and a military-focused medical center. It was also amended to mandate a clinical trial into psilocybin for veterans with PTSD, in addition to a broader review of the scientific literature on all three substances.

The Health and Human Services Commission would have to submit quarterly reports on their progress, with a full report on the panel’s findings be due by December 2024.

Former Gov. Rick Perry (R), who also served as U.S. energy secretary, has called on lawmakers to approve the psychedelics legislation.

This is the latest drug policy reform bill to move through the legislature this session.

Last week, the House approved a bill to decriminalize marijuana possession, sending it to the Senate. It would make possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time.

Texas lawmakers have also recently passed proposals to expand the state’s medical marijuana program and reduce penalties for possessing cannabis concentrates.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Lawmakers last week also sent Gov. Greg Abbott (R) a bill to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home.

On Tuesday, the House approved legislation that would make certain changes to the state’s hemp program, including imposing rules related to the transportation and testing of consumable hemp products.

But most of these proposals face an uphill battle in the Senate, where it remains to be seen whether legislators will have the same appetite for reform or what kind of changes they might push for in any particular bill. Lt. Gov. Dan Patrick (R), who presides over the Senate, has killed prior efforts to enact cannabis reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.

For example, shortly after the House approved a decriminalization bill in 2019, Patrick declared the measure “dead in the Texas Senate,” stating that he sides with lawmakers “who oppose this step toward legalization of marijuana.”

That same year, a spokesperson for the lieutenant governor was asked about a medical cannabis expansion bill and reiterated that he is “strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug.”

That’s all to say that, unless Patrick has a change of heart on the issue, there’s still a risk that he could singlehandedly quash the reform measures. But other legislative leaders do seem to be warming on the policy.

House Speaker Dade Phelan (R) said during a Texas Young Republicans event in March that while he wouldn’t be able to distinguish marijuana from oregano, he said, “I understand the issue.”

The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.”

Phelan also noted that he was a “joint author—no pun intended” of cannabis decriminalization legislation last session.

“I was able to go back home and explain it, and it wasn’t a big deal,” he said. “To me, it’s a reasonable criminal justice reform issue.”

Texans’ support for legalizing marijuana has grown significantly over the past decade, according to a poll released last month.

Sixty percent of state voters now back making cannabis legal “for any use,” the University of Texas and Texas Tribune survey found. That compares to just 42 percent who said the same back in 2010.

And while Patrick’s record on the issue is a source of concern for advocates, he and other legislative leaders have recently indicated that they anticipate more modest proposals to be taken up and potentially approved this session, particularly as it concerns expanding the state’s limited medical cannabis program.

Patrick said flatly, “sure, that will be looked at this session” when asked about the prospect of expanding access to medical marijuana in January.

“We’re always listening on the health issues, but we’re not going to turn this into California,” he said, “where anybody can get a slip from the doctor and go down to some retail store and say, ‘You know, I got a headache today so I need marijuana,’ because that’s just a veil for legalizing it for recreational use.”

Phelan said he thinks “the House will look at” reform measures this year, including bills to legalize for adult use. He said the lawmakers will likely “review those again, and some will get traction, some will not.” However, the Senate remains an obstacle for comprehensive reform.

Legislators in the state prefiled more than a dozen pieces of cannabis legislation ahead of the new session. That includes bills that would legalize recreational marijuana, allow high-THC cannabis for medical use and decriminalize low-level possession of marijuana.

 

[momofthegoons]

Top Aide To Texas Agriculture Commissioner Arrested For Alleged Hemp Corruption Scheme​

Smith and others involved in the scheme are alleged in the warrant to have solicited a total of $150,000 to guarantee a license, including a $25,000 upfront cost for a survey that they said was required to get a license in Texas.

By Patrick Svitek, The Texas Tribune

The top political consultant to Agriculture Commissioner Sid Miller was arrested Thursday on allegations that he participated in a scheme to solicit money and campaign contributions for state hemp licenses issued by Miller’s Texas Department of Agriculture.

The consultant, Todd Smith, ultimately took $55,000 as part of the scheme, an arrest warrant affidavit obtained by The Texas Tribune says. Smith and others involved in the scheme are alleged in the warrant to have solicited a total of $150,000 to guarantee a license, including a $25,000 upfront cost for a survey that they said was required to get a license in Texas. Some of the money would also go toward funding unnamed political campaigns, according to the affidavit.

The affidavit alleges that Smith committed third-degree felony theft.

“Todd Smith created by words and his conduct, a false impression of fact that affected the judgment of others in the transactions to obtain a hemp license and/or conduct a survey that was never attempted by Todd Smith,” the affidavit says.

The allegations were investigated by the Texas Rangers’ Public Integrity Unit, which is responsible for looking into claims of public corruption.

Smith was arrested Thursday and booked into Travis County jail at 9:23 p.m., according to Kristen Dark, a spokesperson for the county sheriff’s office. Smith was released at 2:59 a.m. Friday on a personal recognizance bond. Bail was set at $10,000.

Smith did not immediately respond to messages seeking comment Friday morning.

The hemp licenses were opened as a result of House Bill 1325, which Gov. Greg Abbott signed into law in 2019 and allowed the state’s farmers to legally grow industrial hemp. Hemp is a cousin of the marijuana plant that contains low levels of tetrahydrocannabinol, the psychoactive element in marijuana known as THC.

Smith has previously been under scrutiny for blurring campaign and official lines. The Austin American-Statesman reported in 2018 that Smith told a San Antonio businessman he could get a TDA appointment if he donated to Miller’s campaign — then Smith asked the businessman for a $29,000 personal loan.

Years earlier, Miller created four new assistant commissioner positions and gave one of them to Smith’s wife, Kellie Housewright-Smith. The positions had annual salaries exceeding $180,000, making them among the highest-paid employees at the TDA.



This article originally appeared in The Texas Tribune.

 

[Thedev]

He is one of the biggest pieces of shit you can ever come across your entire life. I know and attest that from personal and professional experience.
This motherfucker will sell his own mother's asshole in the dark web for a buck. He has no shame, I have been a victim of his schemes but not in cannabis.
I can't wait to rub my balls across his forehead.
Carry on.

 

[Thedev]

 

[momofthegoons]

​

Texas Senate Advances Bill To Lower Penalties For Marijuana Concentrates That Already Passed The House​

A Texas Senate committee on Monday approved a House-passed bill to significantly reduce penalties for possessing marijuana concentrates, sending it to the full chamber for consideration.

This comes as advocates step up their push for separate legislation to expand the state’s medical cannabis program and broadly decriminalize possession.

But while the concentrates measure might be a modest reform in comparison, if enacted it would mark the first time that Texas has reduced penalties associated with marijuana since the 1970s.

The proposal, sponsored by House Speaker Pro Tem Joe Moody (D), cleared the Senate State Affairs Committee in a 5-2 vote.

It would create a new drug schedule for products containing THC that would carry lower penalties compared to their current felony classification. However, possession of up to two ounces of concentrates would still be a class B misdemeanor that carries the threat of jail time.

The types of products that would be covered under the new category include oils, infused lotions and edibles.

Meanwhile, advocates continue to hold out hope that bills to decriminalize marijuana and expand the state’s medical cannabis program will make it through the Senate after passing the House in recent weeks.

“The Texas legislature hasn’t adjusted our state’s harsh marijuana penalties since the 1970s,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Finally, lawmakers are recognizing the disproportionate punishment for cannabis concentrates. This bill doesn’t get us where we want to go, but it’s a meaningful step in the right direction.”



The decriminalization measure would make possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time. The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

When it comes to medical cannabis expansion, a House-passed bill would add cancer, chronic pain and post-traumatic stress disorder (PTSD) as conditions that could qualify people for the state’s limited medical cannabis program.

It would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.

Many of the current cannabis proposals face an uphill battle in the Senate, where it remains to be seen whether key legislators will have the same appetite for reform that the House does or what kind of changes they might push for in any particular bill.

And perhaps the biggest challenge advocates face is Lt. Gov. Dan Patrick (R), who presides over the Senate and has killed prior efforts to enact marijuana reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.

For example, shortly after the House approved a decriminalization bill in 2019, Patrick declared the measure “dead in the Texas Senate,” stating that he sides with lawmakers “who oppose this step toward legalization of marijuana.”

That said, Patrick and other legislators acknowledged early in the year that modest proposals would be taken up and potentially approved this session, particularly as it concerns expanding the state’s limited medical cannabis program. The lieutenant governor said, “sure, that will be looked at this session” when asked about the prospect of expanding access to medical marijuana in January.

“We’re always listening on the health issues, but we’re not going to turn this into California,” he said, “where anybody can get a slip from the doctor and go down to some retail store and say, ‘You know, I got a headache today so I need marijuana,’ because that’s just a veil for legalizing it for recreational use.”

While Patrick could singlehandedly quash the cannabis measures, other legislative leaders are more open to reforms.

House Speaker Dade Phelan (R) said during a Texas Young Republicans event in March that while he wouldn’t be able to distinguish marijuana from oregano, he said, “I understand the issue.”

The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.”

Phelan also noted that he was a “joint author—no pun intended” of cannabis decriminalization legislation last session.

“I was able to go back home and explain it, and it wasn’t a big deal,” he said. “To me, it’s a reasonable criminal justice reform issue.”

Meanwhile, a Senate committee is set to take up a different kind of drug policy reform measure on Wednesday. The bill, which cleared the House earlier this month, would require the state to conduct a study into the therapeutic potential of psychedelics like psilocybin and MDMA.

The Senate Veterans Affairs & Border Security Committee is scheduled to discuss the proposal.

Separate legislation to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home was enacted without the governor’s signature this month and takes effect on September 1, 2021.

Finally, a hemp-related bill that cleared the House has been referred to several Senate committees. It would make certain changes to the state’s program, including imposing rules related to the transportation and testing of consumable hemp products.

 

[momofthegoons]

Texas Senate Approves Psychedelics And Marijuana Concentrates Bills​

The Texas Senate has approved House-passed bills to reduce criminal penalties for possessing marijuana concentrates and require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA. But because senators amended both pieces of legislation, they must first head back to their originating chamber before they can be sent to the governor’s desk.

Meanwhile, advocates are closely monitoring a separate bill to expand the state’s medical cannabis program, which cleared the House and was referred to a Senate committee on Thursday. But the fate of that proposal remains murky as a legislative deadline approaches. It must be acted on in the Senate State Affairs Committee in order to advance to the floor, and the end of the session is nearing.

Under HB 1802, which passed the Senate on Saturday in a 25-5 vote, the state would be required to study the medical risks and benefits of psilocybin, MDMA and ketamine for military veterans in partnership with Baylor College of Medicine and a military-focused medical center. As amended by a House committee, it would also mandate a clinical trial into psilocybin for veterans with PTSD, in addition to a broader review of the scientific literature on all three substances.

The Senate adopted a balanced budget amendment to the bill clarifying that the psychedelic studies wouldn’t be carried out unless there’s funding allocated the effort—a situation already accounted for by a contingent rider for the funds.

Former Gov. Rick Perry (R), who also served as U.S. energy secretary, has called on lawmakers to approve the psychedelics legislation.

The cannabis concentrates measure that also advanced through the Senate is a modest reform compared to another proposal to more broadly decriminalize marijuana possession that recently passed the House but has since stalled. But if enacted, HB 2593 would mark the first time that Texas has reduced penalties associated with marijuana since the 1970s.



The legislation, which the Senate approved by a vote of 24-7 on Friday night, would make possession of up to two ounces of concentrates a class B misdemeanor, which does still carry the threat of jail time—but it would be significantly less serious than the felony classification such offenses currently come with.

Senators added an amendment before passing the bill, however, to calculate THC potency in legal hemp products by counting all forms of tetrahydrocannabinol, a change that would upend the market for delta-8-THC products.

“This is concerning since hundreds if not thousands of Texas businesses, who have survived the economic impacts of the pandemic, will be impacted, as well as the many customers who have benefited from these products,” Jax Finkel, executive director of Texas NORML, told Marijuana Moment. “Legality based on the chemical makeup of a plant is expensive, ineffective and a failed policy.”

It’s not clear when the House will consider accepting the changes to the marijuana and psychedelics bills, but the session is set to end on May 31. If the body approves the Senate-amended legislation, it will go to Gov. Greg Abbott (R), who has not yet publicly weighed in on either measure.

Lt. Gov. Dan Patrick (R), who as the Senate’s presiding officer decides if and when legislation will advance, is a vocal opponent of marijuana reform and has played a role in killing or slowing down cannabis measures.

The current House-passed medical cannabis expansion measure, for example, was not referred to a Senate committee until several days after it arrived in the chamber, a delay that has jeopardized its chances of clearing a floor vote by the end of the session.

The bill, HB 1535, would add cancer, chronic pain and post-traumatic stress disorder (PTSD) as conditions that could qualify people for the state’s limited medical cannabis program.

It would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session. Patrick declared the measure “dead in the Texas Senate,” stating that he sides with lawmakers “who oppose this step toward legalization of marijuana.”

That said, Patrick and other legislators acknowledged early this year that modest proposals would be taken up and potentially approved during the 2021 session, particularly as it concerns expanding the state’s limited medical cannabis program. The lieutenant governor said, “sure, that will be looked at this session” when asked about the prospect of expanding access to medical marijuana in January.

Separate legislation to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home was enacted without the governor’s signature this month and takes effect on September 1, 2021.

One still-pending bill concerns hemp. The Senate Water, Agriculture & Rural Affairs Committee advanced the House-passed legislation earlier this week. It would impose rules related to the transportation and testing of consumable hemp products.

But the panel also added an amendment that advocates oppose because it would ban products with more than trace amounts of delta-8-THC products, which they say would deliver an economic blow to the hemp industry. The change’s effect would be similar to the amendment added to the separate cannabis concentrates bill that cleared the full Senate on Friday.

Meanwhile, the House-approved marijuana decriminalization proposal hasn’t been assigned to any Senate committee and doesn’t appear to have a good chance of advancing further this session. It would make possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time.

 

[momofthegoons]

New Texas Group Plans To Put Marijuana Initiatives On Local Ballots After Legislative Disappointments​

Texas legislators made progress this session on some incremental marijuana policy changes. But activists were hoping for more, and a newly formed progressive coalition that’s being led by two former congressional candidates is aiming to take cannabis and other issues directly to voters by putting reform measures on local ballots across the state.

Ground Game Texas, a nonprofit spearheaded by former Democratic candidates Julie Oliver and Mike Siegel, isn’t exclusively focused on marijuana. But their mantra is “workers, wages and weed”—indicating that the group views drug policy reform as a key part of the its mission.

By engaging voters on issues like marijuana reform that are popular among young people and Democrats, it stands to reason that the organization could also influence turnout in upcoming elections, potentially shifting the GOP-skewed balance of power in the conservative state legislature.

There is no statewide citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

Meanwhile, major metropolitan areas like Austin and Dallas have already independently enacted law enforcement policy changes that reduce enforcement for marijuana-related offenses—by issuing citations and summons, for example. That’s the type of limited reform that could theoretically be accomplished via citizen initiative under certain local statutes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization would likely pass easily.

“We’re not waiting for politicians to make change,” Ground Game Texas said. “We will work to put popular policies on the ballot and engage voters on the issues.”

“Progressive ideas—a $15 minimum wage, expanding Medicaid, legalizing marijuana—are popular ideas,” it said. “We need to lead with the progressive policies that cross political boundaries.”

It’s unclear which cities might be targeted for cannabis reform initiatives at this point, but the group told The Texas Tribune that it has had conversations about pursuing some of the reforms it wants to work on in 10 cities, including Mission, Bedford and Elgin.

Cannabis reform advocates said putting the issue on the ballot could have effects that reach farther than just the cities that enact new policies.

“Texans are eager for marijuana law reform,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Using this issue to rally voters is smart and could greatly impact the make up our our state’s next legislature.”

Ground Game Texas is being launched shortly after this year’s legislative session ended, which saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelics for military veterans having been sent to the governor’s desk. But broader reforms such as marijuana decriminalization did not get enacted.

Three progressive Texan political figures—former U.S. Housing and Urban Development Secretary Julián Castro, former state Rep. Wendy Davis and former U.S. Rep. Beto O’Rourke—have endorsed Ground Game Texas and said in a statement that it “is going to meet Texans where they are at to listen to them about the issues that matter most,” the Tribune reported.

Sawyer Hackett, executive director of Castro’s separate People First Future group, said the new organization will engage in “year-round door knocking and put progressive policies—like marijuana legalization and $15 min wage—on the ballot.”



With respect to the recently ended legislative session, advocates remain disappointed that they were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Texas isn’t the only state in which organizers are trying to put marijuana on local ballots. Ohio activists recently qualified a measure to decriminalize cannabis to appear on a local 2021 ballot—the first of dozens of reform proposals that could go before voters this year as signature gathering efforts continue across the state.

 

[Baron23]

"the US government recently added delta-8 to the Controlled Substances list as an alternate name for ‘tetrahydrocannabinols’ which sits in Schedule I, under criminal code 7370."

Fucking idiot anti-MJ warriors just don't give up. Fuck the DEA...of course they want to continue to prosecute the War on Drugs....its their fucking rice bowl and that's all they care about. It should be disbanded but in any and all cases they should not have ANY authority over policy as this is not their remit and belongs to Congress, IMO, who have abrogated their responsibility for actually crafting legislation with actual fucking detailed requirements and not just fucking punt it to some faceless bureaucracy with no electorate mandate.

Yes, I do feel strongly on this subject.

Texas First State to Say ‘No’ to Delta-8 THC Criminalization​

Delta-8 THC has been the center of controversy in the United States. While the US government did officially illegalize it, and while many states are following suit independently, Texas is not. In fact, Texas is the first state to officially say ‘no’ to delta-8 THC illegalization.

We’ve known that delta-8 is pretty awesome for a while now. After all, it’s another form of THC that has benefits like less psychoactive high, no anxiety or paranoia produced, a clear-headed energetic high, and no couch locking. We’re not the only ones who think that either, as Texas just said no to delta-8 THC illegalization. We’re dedicated to bringing you the best products available, so take a look through our Delta-8 THC deals and give this new-fangled version of THC a try.

Recap of what’s been going on in Texas​

Last month, I reported on four different cannabis-related bills that were making their way through Texas’ Congress at that time. When I wrote the article, none of the four bills had passed. All bills represent a general loosening in Texas law toward cannabis and cannabis crimes. The following is a brief breakdown of the initiatives in Texan government:

HB 441: This bill would decrease criminal penalties for possession of small amounts of cannabis. Under this new legislation, up to an ounce would be only a class C misdemeanor with no jail time attached, or loss of driving license. While this bill would purportedly terminate the threat of being arrested for small-time possession, it also indicates that in order for offenders to take advantage of this, they’d have to plead no-contest to a charge (meaning there is one), which would then defer the case for a year.

No criminal record would be attached if a year is completed without incident. All of this indicates that this is not a decriminalization, as it implies a defendant will still face criminal charges if this exact procedure isn’t followed. Defendants would also be required to pay fines up to $500.
HB 1535: This bill would expand the medical cannabis program in Texas by including all cancer and PTSD patients. In an edit of the bill, chronic pain was left off, even despite growing issues with the opioid epidemic. A provision to allow Department of State Health Services to add qualifying conditions as needed was removed as well. And so was a provision that would have increased the THC cap to 5%, instead of 1%.

HB 1802: This isn’t actually a cannabis bill, but since both cannabis and psychedelics are enjoying new legislative freedoms, I thought it should be included. This bill would institute a requirement of the state to study psychedelics, specifically for the treatment of veterans. The bill makes specific mention of MDMA, psilocybin from magic mushrooms, and ketamine (the close cousin of the already FDA approved esketamine – Spravato.) Passage of this bill would put the responsibility of the research jointly between the state of Texas and Baylor College of Medicine.

HB 2593: This bill would also lower penalties for cannabis, but this time centered on THC concentrates and infused products. Both are currently felonies right now, but this bill would enable the possession of two ounces as a class B misdemeanor – the same penalty for flowers. This bill came with another provision which was not originally there, but which was added on by the Senate after the House approved without it. This provision creates a definition for ‘total THC’, which then automatically includes all isomers. This provision would therefore mean a criminalization of delta-8 THC. This update sent the bill back to the House to either approve, or create a committee to come to an agreement.

Update on these bills​

HB 441 cleared the House – as per the last article, but still has not entered the Senate. HB 1535 has officially cleared both the House and Senate, and was sent to the governor on May 31st, 2021. It does not appear to have been signed into law just yet. HB 1802 ALSO passed both the House and Senate, and was sent to the governor’s office where it awaits signing. And last is HB 2593, which is an interesting story.

As mentioned before for HB 2593 – the bill that would lower penalties for concentrates and extracts, but which would also criminalize isomers like delta-8 THC, the provision that would illegalize delta-8 THC was added by the Senate after the House already passed the bill. And this meant the House had to either accept the revisions or create a commission to work on a resolution. The House decided on the latter, with the last action taken that the House would convene a conference committee to form a resolution.

The latest news to come out about HB 2593, will sure make those in the delta-8 industry take a sigh of relief. The House was not happy with the ‘total THC’ provision which would illegalize delta-8 THC, and removed it from the draft. The House conference committee then approved it once again without this provision in a 95-44 vote. However, the Senate did not vote on it again, as the legislative session ended, meaning the bill was adjourned sine die. This term means that since the congressional session ended with no new date given, that all unfinished cases end with it. Thus HB 2593, was killed.

Though this was a positive moment for those who did not want delta-8 to be more heavily restricted, it also means that sanctions have not been lowered for THC concentrates and extracts which therefore remain felonies. The dying of this bill is only partway positive. The other part is actually a major setback.

And let’s not forget HB 3948​

While it wasn’t mentioned in my last article, HB 3948 is yet another bill that would have criminalized delta-8 THC. This bill missed its deadline just like HB 2593, and died the same way last month. HB 3948 related to “the production and regulation of hemp and consumable hemp products; providing administrative penalties; creating a criminal offense.” This bill represents another case where the senate added a provision which slowed things down, and which would have criminalized delta-8 THC by attacking it as a synthetic, as well as limiting delta-9 usage.

A conference committee was called (as was done for HB 2593), and the issue of delta-8 was one of the main motivators to cause gridlock. No resolution was met in time, and the bill died when it didn’t meet the deadline, meaning no update to the hemp program will be made. It also means that two times last month Texas said ‘no’ to a delta-8 THC criminalization.

What is delta-8 THC, and why the fuss?​

In short, delta-8 THC is a double bond isomer of delta-9 THC, meaning they share the same chemical formula, but have a slightly different configuration of atoms, specifically the placement of a double bond. Delta-8 is naturally occurring and is produced from the oxidation of delta-9 when it comes into contact with oxygen. Delta-8 has been associated with not producing the anxiety and paranoia that standard delta-9 is often known for, and it’s said that delta-8 creates a high 2/3 the intensity of delta-9. Delta-8 is also known for producing a high that’s clear-headed, leaving users with more energy, and less couch-locking effect. All of this makes delta-8 sound pretty good.

Delta-8 came into prominence with the advent of the 2018 US Farm Bill, which made it appear that delta-8 fit into a loophole that allowed the legal sale of THC. This, because delta-8 can be sourced from the ‘legal’ delta-9 of hemp (delta-9 content no more than .3%). However this was essentially not the case, with several legalities making delta-8 less legal than what people thought.

A lot of this has to do with the Federal Analogue Act; the cap of .3% THC in flowers, processing, and final products, which applies to delta-8 as an isomer of delta-9; and its definition as being a possible synthetic due to human processing help, which would mean it was never under the definition of hemp.
Though delta-8 appears naturally, this is in tiny amounts, leading to the need for human processing help, which has been taken to mean synthetic by many government bodies at this point, including Colorado, which along with other states, independently illegalized delta-8. As a final nail in the coffin, the US government recently added delta-8 to the Controlled Substances list as an alternate name for ‘tetrahydrocannabinols’ which sits in Schedule I, under criminal code 7370.

Colorado, when it illegalized the compound, made no bones that it was in regards to health dangers related to processing methods, and NOT the compound itself, which has never showed medically to be dangerous. This implies that simply regulating the processing of the compound would be the more ideal way to go. My guess is that there is a pharmaceutical push to keep delta-8 out of the mainstream, until it can be formulated into a pharmaceutical product for sale. Just a thought.
Texas is the only state thus far to show some kind of understanding that simply illegalizing delta-8 is not necessarily the way to treat it. And thus, in a state with no recreational program, Texas has actually said ‘no’ to a concrete delta-8 THC criminalization. And this despite its federally illegal status. Texas can’t legalize delta-8 without legalizing recreational cannabis altogether. So, the only thing it did, was to not officially criminalize it. This is still progress.

Conclusion​

So, there you have it, small wins for delta-8 THC in the most unexpected location of Texas. Who’d have thought that a state still refusing a recreational cannabis program, would work this hard to keep delta-8 from complete criminalization. Well, that’s what’s been happening so far. Texas has legislatively said ‘no’ to delta-8 THC criminalization. At least for now.

 

[momofthegoons]

Texas Governor Signs Medical Marijuana Expansion Bill​

Texas Gov. Greg Abbott (R) signed a bill to modestly expand the state’s limited medical marijuana program on Tuesday.

The legislation adds cancer and post-traumatic stress disorder to the list of conditions that qualify patients to legally access cannabis. It also doubles the amount of THC concentration that is allowed, from 0.5 percent to one percent.

As originally passed in the House, the bill would have also included chronic pain as a qualifying condition, but that was removed by the Senate and was not re-added in a conference committee. The House-approved version also increased the THC limit to five percent, but that too was watered down in the Senate.

Abbott has not yet commented on a separate piece of drug policy reform legislation that the legislature also passed to require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA.

Abbott first announced he would sign the cannabis bill in a Twitter post last week.



Separate bills to reduce penalties for possessing cannabis concentrates, revise the state’s hemp program and broadly decriminalize marijuana possession also advanced this year—but they did not make it over the finish line by the session’s end.

Partly because of those failures, a newly formed progressive coalition that’s being led by two former congressional candidates said last week that it plans to take cannabis and other issues directly to voters by putting reform measures on local ballots across the state.

Abbott did not sign additional legislation to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home. But he didn’t veto it, either, and it was enacted without the his signature last month and takes effect on September 1, 2021.

 

[momofthegoons]

Texas Marijuana Activists Unveil Decriminalization Ballot Initiative In Austin​

A newly established Texas progressive group unveiled a campaign on Wednesday to put an initiative to decriminalize marijuana possession and ban no-knock warrants on the ballot in Austin.

Ground Game Texas, a nonprofit led by former Democratic congressional candidates, isn’t exclusively focused on cannabis reform—but it’s made the issue a priority and is addressing it in the first of what’s expected to be many local ballot measures across the state.

Austin, as well as Dallas, have already independently enacted law enforcement policy changes aimed at reducing arrests for marijuana-related offenses by issuing citations and summons. The activists’ new plan would take the reform a step further, however.

The “Austin Freedom Act” seeks to end arrests and citations for misdemeanor marijuana possession within the city. Also, it says police cannot issue citations for residue or paraphernalia in lieu of a possession charge.

The measure would further prohibit the use of city funds to request or test cannabis to determine whether it meets the state’s definition of a lawful product. Hemp is legal in the state, creating complications for law enforcement, as they are now tasked with determining if seized cannabis products are in compliance with state statute.

“Marijuana reform is a winning issue and local efforts will drive voter engagement. State lawmakers—Democrats and Republicans—failed us during the legislative session,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “Maybe this level of political pressure will get their attention and bring them on board with meaningful reform statewide.”

In order to qualify for the November 2021 ballot, advocates will need to collect at least 20,000 valid signatures by July 20. They are aiming for at least 25,000 raw submissions to ensure success.

A representative said during a press conference on Wednesday—which was held in front of a statue of local cannabis icon and musician Willie Nelson—that they already have about 3,000 signatures in hand.

Under the initiative, the execution of no-knock warrants would also be prohibited in the city—a policy that generated significant national attention after it led to Kentucky officers entering Breonna Taylor’s apartment and fatally shooting her in a botched drug raid.

“In past years, Austin police issued thousands of citations and made hundreds of arrests for marijuana possession. These disproportionately targeted Black and Hispanic community members,” the group’s website says. “To promote justice and avoid waste of tax dollars, we want to redirect resources towards real public safety solutions.”



They are also welcoming volunteers to help aid in signature gathering.

By engaging voters on issues like marijuana reform that are popular among young people and Democrats, Ground Game Texas could also theoretically influence turnout in upcoming elections, potentially shifting the GOP-skewed balance of power in the conservative state legislature.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization will likely prevail where they qualify for local ballots.

Ground Game Texas is getting started shortly after this year’s legislative session ended, which saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelicsfor military veterans having been enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Several prominent progressive Texas political figures—including former U.S. Housing and Urban Development Secretary Julián Castro, former state Rep. Wendy Davis and former U.S. Rep. Beto O’Rourke—have endorsed Ground Game Texas and said in a statement that it “is going to meet Texans where they are at to listen to them about the issues that matter most.”

Texas isn’t the only state in which organizers are trying to put marijuana on local ballots. Ohio activists recently qualified a measure to decriminalize cannabis to appear on a local 2021 ballot—the first of dozens of reform proposals that could go before voters this year as signature gathering efforts continue across the state. The group is also working to put marijuana initiatives on local ballots in South Carolina and West Virginia.

Meanwhile, advocates across the county are also already working on number of state-level cannabis initiatives for 2022.

Missouri activists, for example, revealed this month that they plan to put a recreational marijuana legalization measure before voters next year.

Nebraska marijuana activists have announced plans for a “mass scale” campaign to put medical cannabis legalization on the state’s 2022 ballot.

Two measures were submitted in Wyoming this month to place medical cannabis legalization and adult-use decriminalization measures before voters in 2022.

Also this month, Idaho activists filed a measure to legalize marijuana possession for adults that they hope to place before voters on the 2022 ballot. That’s in addition to a separate medical cannabis effort in the state.

North Dakota activists are formulating plans for a marijuana legalization measure after lawmakers failed to enact the reform this session.

Meanwhile, the Florida Supreme Court has blocked two cannabis legalization initiatives for which activists had already collected thousands of signatures.

Read the text of the Austin marijuana decriminalization petition by following title link and scrolling to the bottom of the article.

 

[momofthegoons]

Texas Ruling Means Smokable Hemp Can Be Sold In State But Must Be Grown Elsewher​

An appeals panel in Texas issued a mixed judgment Thursday in a lawsuit challenging the state’s ban on smokable hemp. Regulators may enforce a ban on the processing and manufacture of products intended for smoking or vaping, the court ruled, but it cannot prevent such products made elsewhere from being sold in the state.

The decision creates a situation in which consumers may be able to freely purchase smokable hemp flower and hemp-derived CBD oils for vaping, but only if the products are produced outside Texas.

Four Texas companies challenged the ban in a lawsuit last year, asking the court to declare the restrictions unconstitutional and allow hemp products intended for smoking or vaping to be produced and sold legally. In response, a state judge eventually put the entire ban on hold, preventing the government from enforcing it until the matter could be resolved in court.

In Thursday’s ruling, a three-justice panel of the Third District Court of Appeals drew a distinction between the processing and manufacturing of smokable hemp—which lawmakers strictly prohibited its production when they legalized hemp in 2019—and distribution and sales, which regulators at the Texas Department of State Health Services (DSHS) forbade under a rule adopted a year later.

Writing for the panel, Justice Melissa Goodwin reasoned that lifting the ban on product sales was justified because the DSHS restriction went beyond the scope of lawmakers’ manufacturing ban.

“The Legislature required that the Department’s rules must reflect the principle that ‘the processing or manufacturing of a consumable hemp product for smoking is prohibited,’ but did not mention retail sale,” the judgment says. “Nevertheless, the Department adopted a rule that banned not only the processing and manufacturing of consumable hemp products for smoking, but also the distributing and retail sale of such products.”

On the other hand, the panel’s ruling will allow lawmakers’ ban on production and manufacturing of smokable hemp products to take effect. Thursday’s ruling reversed a lower court’s decision to prevent the state from enforcing that part of the ban.

“Because the Hemp Companies never provided ‘a plain and intelligible statement of the grounds’ to enjoin the enforcement of rule 300.104’s bans on manufacturing and processing consumable hemp products for smoking, we conclude that the trial court abused its discretion in granting the temporary injunction and enjoining the enforcement of that portion of the rule,” Goodwin wrote.

Advocates in favor of broader legal access to cannabis products emphasized the significance of the court’s decision to allow smokable hemp to be sold in the state. But they lamented the fact that in-state manufacturing of the products will remain illegal.

“The reversal of the ban on distributing and selling smokable hemp products is a big win for Texas farmers and hemp businesses. It is extremely important that regulatory overreach is kept in check so that Texas companies are not prevented from excelling in this market,” Jax Finkel, executive director of Foundation for an Informed Texas, told Marijuana Moment on Thursday. “I am hopeful that manufacture portion of the suit will end in a similar opinion.”



Susan Hays, an attorney representing hemp companies Custom Botanical and 1937 Apothecary, meanwhile, complained to Law360 that the ruling will hamper fair-minded hemp companies based in Texas while allowing less regulated out-of-state producers to sell products to Texas consumers.

“It’s a shame the state keeps fighting responsible, compliant Texas smokable manufacturers when out-of-state manufactures hemp products can be sold in Texas,” she said.

Cannabis reforms have come steadily but rather slowly in Texas, where the legislature meets for a relatively short session every two years. Despite bills being introduced this year that would have reduced penalties for possessing cannabis concentrates, revised the state’s hemp program and broadly decriminalized marijuana possession, none made it across the finish line.

In June, Gov. Greg Abbott (R) signed a bill into law to modestly expand the state’s limited medical marijuana program, adding cancer and post-traumatic stress disorder (PTSD) to the state’s list of qualifying conditions. It also doubled the allowable concentration of THC from 0.5 percent to one percent. (A House-approved version increased the THC limit to five percent, but the provision was diluted in the Senate.)

Separate legislation to require the state to study the therapeutic value of psychedelics like psilocybin, MDMA and ketamine for military veterans was passed by lawmakers and took effect without the governor’s signature.

Activists were also pushing Abbott to support further cannabis reforms during the state’s special legislative session this summer, but that plan flagged after the governor didn’t include the issue on the agenda and state Democrats left the state to protest Republicans’ sweeping elections overhaul bill that would make it harder for residents to vote.

Meanwhile, a new group is planning to run local ballot initiatives across the state intended to bring about reform at the municipal level. Unlike many other U.S. states, Texas has no statewide citizen initiative process.

Major metropolitan areas in the state, such as Austin and Dallas, have already independently enacted law enforcement policy changes that reduce penalties for marijuana-related offenses, for example by issuing citations and summons rather than pursuing criminal charges.

A strong majority of Texans back even broader reform, according to polling earlier this year by the University of Texas and the Texas Tribune. Sixty percent of voters in the state supported making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization would likely pass easily.

A more recent poll, released by the University of Texas and the Texas Tribune in June, found that nearly nine in 10 voters say marijuana should be legal in some form, with just 13 percent saying cannabis possession should be illegal under any circumstances.

 

[momofthegoons]

Texas Activists Launch Campaign To Put Marijuana Decriminalization On San Marcos’s 2022 Ballot​

Activists in San Marcos, Texas have launched a campaign to put marijuana decriminalization on the local ballot in 2022.

The goal is to remove all municipal criminal penalties for simple cannabis possession, building on other criminal justice reforms the group has advanced such as establishing a public defender’s office in Hays County.

Advocates with Mano Amiga say they will formally begin the petition process in spring of next year. The text of the proposed initiative is not yet available.



“It is well past time that we follow the footsteps of many cities and states in the United States to not criminalize possession of cannabis,” Eric Martinez, policy director for Mano Amiga, told KUT.

The group will need to turn in valid signatures from at least 10 percent of registered voters in order to place the marijuana reform on the ballot.

Just to the north of San Marcos, a separate campaign attempted to put cannabis decriminalization on Austin’s ballot this November, but activists have since shifted their strategy toward putting the measure in front of voters on the May 2022 ballot.

Mike Siegel, the co-founder of Ground Game Texas, which is behind the Austin effort, told Marijuana Moment in a phone interview that the group has so far collected about 30,000 signatures. Looking ahead, it plans to target between six and 12 additional cities for cannabis reform during the November 2022 election.

Both Austin and Dallas have already independently enacted law enforcement policy changes aimed at reducing arrests for marijuana-related offenses by issuing citations and summons.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization will likely prevail where they qualify for local ballots.

This year’s legislative session in Texas saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelics for military veterans having been enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

San Marcos is just one of numerous jurisdictions where activists hope to see cannabis reform advance through the ballot next year.

Nebraska marijuana activists announced last week that they have turned in a pair ofcomplementary initiatives to legalize medical cannabis that they hope to place on the state’s 2022 ballot.

Ohio activists recently cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal late last month that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

Maryland’s House speaker has pledged that lawmakers will pass legislation to put the question of marijuana legalization before voters as a referendum on the 2022 ballot. She’s formed a cannabis working group to assess the best way to structure the reform, and that group met for the first time last week.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Oklahoma advocates are pushing two separate initiatives to legalize marijuana for adult use and overhaul the state’s existing medical cannabis program.

South Dakota activists recently filed four separate legalization measures with the state Legislative Research Council—the first step toward putting the issue before voters next year if the state Supreme Court upholds a lower court ruling that overturned the legal cannabis measure that voters approved last November.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

 

[momofthegoons]

Texas Judge Temporarily Blocks State From Enforcing Delta-8 THC Hemp Product Ban​

The Texas hemp industry scored a victory on Monday after a judge ruled that state regulators would be temporarily prohibited from enforcing a ban against the sale of delta-8 THC products.

The cannabis company Hometown Hero filed a suit against the Texas Department of State Health Services (DSHS) late last month, arguing that it had improperly revised its hemp policy to specifically prohibit products with more than trace amounts of forms of THC other than delta-9, the most commonly known psychoactive compound in cannabis.

While a different judge had initially rejected the plaintiffs’ request to have a temporary restraining order imposed on the state, Travis County Judge Jan Soifer ruled on Monday that they had adequately demonstrated that they’re entitled to “declaratory and injunctive relief” over the hemp policy update.



The decision by DSHS means that plaintiffs “will suffer imminent and irreparable harm such as brand erosion, reputational damage, including loss of customers’ goodwill, unsalvageable loss of nationwide customers, loss of market share, loss of marketing techniques, employee force reduction” and more, the signed ruling states.

“In addition, Plaintiffs Darrell Suriff and David Walden, along with other similarly situated individual consumers throughout Texas, will have no effective treatment to anxiety, depression, insomnia, migraines, loss of appetite, chronic pain, and nausea,” it continues. “Plaintiffs, along with these other individuals, may be forced to seek other dangerous alternatives, like opioids or street drugs.”

Stakeholders were caught off guard by DSHS’s announcement of the delta-8 ban. Regulators made the decision back in September 2020—and held a public hearing on the matter weeks later—but businesses say they were not adequately notified and nobody ended up submitted testifying during a short public hearing. Witnesses testified in court on Friday that was because the update was uploaded to a state website as a non-searchable image, making it impossible for industry operators and advocates to be alerted to its existence through their usual means of monitoring policy activity.

The temporary injunction against the state will last through the end of the case. A final trial on the matter is scheduled for January 28, 2022.

“You are free to sell delta-8 in Texas, as of right now,” Lukas Gilkey with Hometome Hero said in a video update on Monday. “Go get ’em boys.”

While advocates are celebrating the legal victory, they recognize that the fight isn’t over yet.

Delta-8 THC has surged in popularity, particularly in states with more restrictive marijuana laws. It produces intoxicating effects similar to delta-9 THC, but it can be synthetically produced by converting CBD derived from hemp. The novelty of delta-8 products has left legal loopholes, which is likely why DSHS moved to broadly prohibit products with more than 0.3 percent of any type of THC in the first place.

At the federal level, delta-8 THC has also captured the attention of agencies like the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention. Regulators at those departments recently issued warnings about products containing the cannabinoid, saying they’ve seen a significant uptick in reported adverse health effects.

Hemp industry advocates have also touted recent comments from Drug Enforcement Administration (DEA) representatives who’ve responded to inquiries about delta-8 THC. Officials with the federal agency have indicated to certain state regulators that only products containing more than 0.3 percent delta-9 THC is controlled, but the 2018 Farm Bill that legalized hemp does not explicitly ban THC isomers.

FDA also announced a plan this month to us “novel” data sources like Reddit to gain a better understanding of public health issues surrounding use of delta-8 THC and other cannabinoids such as CBD.

Back in Texas, the hemp industry has become familiarized with the court system as businesses have navigated the new law.

In the same district court where this new delta-8 THC lawsuit is taking place, a judge ruled in August that Texas’s ban on the production and sale of smokable hemp products is unconstitutional.

Judge Lora Livingston ruled in favor of plaintiffs—a group of hemp businesses who sued the DSHS over a ban on the manufacturing and selling of smokable cannabis products it imposed after the crop was legalized.

An appeals court had previously modified a prior injunction and determined that regulators couldn’t enforce a ban on the sales component of the smokable hemp market. But following the August ruling, there’s a permanent injunction that bars the state from prohibiting the full range of hemp activity.

Meanwhile, Texas activists are working to enact local reforms on marijuana.

Advocates in San Marcos, Texas recently launched a campaign to put marijuana decriminalization on the local ballot in 2022.

Just to the north of San Marcos, a separate campaign attempted to put cannabis decriminalization on Austin’s ballot this November, but activists have since shifted their strategy toward putting the measure in front of voters on the May 2022 ballot. They will also target additional cities next November.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization will likely prevail where they qualify for local ballots.

This year’s legislative session in Texas saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelics for military veterans having been enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Read the Texas judge’s new ruling in the delta-8 THC case by following title link and scrolling to the bottom of the article

 

[momofthegoons]

Majority Of Texas Republicans Back Marijuana Legalization, Poll Finds​

A strong majority of Texans—including most Republicans—support legalizing marijuana for adult use, according to a recent poll.

The survey from the University of Houston and Texas Southern University found that 67 percent of Texas residents back the broad reform. Fifty-one percent of participants who identified as Republican said they back legalization.

Pollsters also asked about the legalization of other controlled substances such as heroin and meth. Respondents generally opposed that policy change, with just 16 percent saying they support it.

That said, 20 percent of independents, 24 percent of millennials and 26 percent of Gen Xers said they’re on board with holistically ending the drug war.

With respect to marijuana, there were some common themes. As in most polling to date, Democrats and young people were the most likely to back recreational legalization. Seventy-nine percent of Democrats and 70 percent of independents favor the policy.

But in a state where comprehensive cannabis reform has consistently stalled in the GOP-controlled legislature, the finding that 51 percent of Republicans agree that marijuana should be legal for adult use is notable.

And while young people are more likely to say they want to end cannabis criminalization, 50 percent of Baby Boomers and the Silent Generation said they back marijuana legalization.

Men were somewhat more supportive of legalization (71 percent) compared to women (63 percent).

These data are based on interviews with 2,067 Texas adults from October 4-21. the survey has a margin of error of +/-2.2 percentage points.

Overall, the survey results—which also covered other criminal justice reform proposals outside of drug policy—were largely consistent with recent, national polling on the issue.

For example, Rasmussen Reports released a survey this month that found a majority of U.S. adults, including most Republicans, support national marijuana legalization.

Also this month, a poll from Gallup found that 68 percent of U.S. adults said they back legalizing cannabis. That’s the same percentage that the firm reported for its last poll in November 2020, where support had reached its highest level since 1969.

In Texas, drug policy reform did advance in the legislature in the latest session, but not necessarily at the pace that advocates had hoped to see.

A bill to expand the state’s medical cannabis program and another to require a study into the therapeutic potential of certain psychedelics for military veterans were enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018.

Locally in the state, activists in San Marcos launched a campaign to put marijuana decriminalization on the ballot in 2022.

Just to the north of San Marcos, a separate campaign attempted to put cannabis decriminalization on Austin’s ballot this November, but activists have since shifted their strategy toward putting the measure in front of voters on the May 2022 ballot.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

Another Texas poll that was released over the summer found that 60 percent of voters in the state support making cannabis legal “for any use.”

 

[momofthegoons]

Texas Activists Turn In Signatures To Put Marijuana Decriminalization On Austin’s 2022 Ballot​

Texas activists on Wednesday turned in signatures to place a marijuana decriminalization initiative on Austin’s 2022 ballot.

Ground Game Texas, a progressive organization that was established earlier this year, submitted more than 30,000 signatures to qualify the local measure to go before voters in the May 7 election next year.

While Austin, as well as other Texas cities like Dallas, have already independently enacted law enforcement policy changes aimed at reducing arrests for cannabis-related offenses by issuing citations and summons, the Austin Freedom Act of 2021 would take the reform a step further.

The initiative seeks to end arrests and citations for misdemeanor marijuana possession within Texas’s capital city. Also, it says police cannot issue citations for residue or paraphernalia in lieu of a possession charge.



“Thanks to the tireless efforts of on-the-ground organizers from Ground Game Texas and partner organizations, Austin residents will soon have the ability to make lasting change to our antiquated and racist criminal justice laws,” Mike Siegel, political director of Ground Game Texas, said in a press release. “With successful campaigns like these, Ground Game Texas will continue to empower and excite communities around progressive change—and deliver for the marginalized communities that too often get left behind.”

The measure would further prohibit the use of city funds to request or test cannabis to determine whether it meets the state’s definition of a lawful product. Hemp is legal in the state, creating complications for law enforcement, as they are now tasked with determining if seized cannabis products are in compliance with state statute.

Under the initiative, the execution of no-knock warrants would also be prohibited in the city—a policy that generated significant national attention last year after it led to Kentucky officers entering Breonna Taylor’s apartment and fatally shooting her in a botched drug raid.

Activists were joined by Austin City Council members Greg Casar and Vanessa Fuentes for Wednesday’s signature turn in.

Game Ground Texas previously attempted to place the measure on this year’s ballot, but they did not meet the signature turn-in deadline and shifted their attention to 2022.



While the measure is now set to appear on the May ballot, it’s also possible that the Austin City Council could independently move to adopt the ordinance prior to the election.

Elsewhere in the state, activists in San Marcos launched a campaign in September to put marijuana decriminalization on the ballot next year.

Ground Game Texas is also considering pursuing similar cannabis reforms in other cities across the state.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A recent poll found that a strong majority of Texans—including most Republicans—support even broader reform to legalize marijuana for adult use.

The survey from the University of Houston and Texas Southern University found that 67 percent of Texas residents back the broad reform. Fifty-one percent of participants who identified as Republican said they back legalization.

In Texas, drug policy reform did advance in the legislature in the latest session, but not necessarily at the pace that advocates had hoped to see.

A bill to expand the state’s medical cannabis program and another to require a study into the therapeutic potential of certain psychedelics for military veterans were enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018.

Another Texas poll that was released over the summer found that 60 percent of voters in the state support making cannabis legal “for any use.

 

[Baron23]

I have never been a single issue voter...never. Nor have I ever subscribed to any political party's entire platform....I don't know how a responsible voter can just swallow all the positions of a party except thru abject partisanship which I also reject.

With all of that said....IMO, its a good thing that ole' Robert O'Rourke was touting this in Austin as Austin and perhaps Houston are pretty much the only type of areas in TX that he is likely to win.

I'll eat my hat if "Beto" is elected Governor in TX....but, I have been wrong before...many times! haha

So, while I posted this article I really don't see this as any significant actual movement on legalization in TX....it was just a stump speech.

Beto O'Rourke's blunt support of marijuana legalization gives advocates hope for policy change​

A race starting in Houstonians' livings rooms could set the stage for one of the state's most expensive gubernatorial races ever.​

At a crowded rally in downtown Austin, Beto O'Rourke ticked off his usual laundry list of campaign promises: stabilizing the power grid, rolling back the state's new permitless carry law and expanding health care access.
But the El Paso Democrat got some of the loudest cheers of the night when he promised to legalize marijuana in Texas, something he said "most of us, regardless of party, actually agree on."

"I've been warned that this may or may not be a popular thing to say in Austin, Texas," O'Rourke said to the crowd gathered in Republic Square Park in December.

"But when I am governor, we are going to legalize marijuana."

The support is nothing new for the gubernatorial candidate. O'Rourke has championed legalization efforts throughout his political career, ever since his time as a member of the El Paso city council. He also nodded at the policy throughout his failed campaigns for U.S. Senate and for president.
But in his early run for governor, O'Rourke, who declined to be interviewed for this story, has repeatedly mentioned legalizing marijuana on the campaign trail across Texas. Advocates hope the increased attention will give momentum to legalization efforts in a state with some of the harshest penalties and highest arrest rates for marijuana possession.

O'Rourke's advocacy around the issue dates back at least to his time on the El Paso City Council in 2009 when he pushed for a resolution calling on Congress to have "an honest, open national debate on ending the prohibition" of marijuana.

Despite unanimously passing the city council, then-Mayor John Cook vetoed the nonbinding measure. Cook got some help from then-U.S. Rep. Silvestre Reyes, who warned council members the city could lose federal funds if they continued with their effort.

O'Rourke went on to challenge and defeat Reyes in the 2012 Democratic primary for his congressional seat. During that race, Reyes released an ad attacking O'Rourke's position on marijuana legalization.

"Legalizing drugs is not the answer. Even our children understand that," a narrator said in a video campaign ad that showed children shaking their heads. "Say NO to Drugs. Say NO to Beto."

While O'Rourke did not campaign on the policy throughout that race, advocates at the time pointed to his victory as a sign of the changing attitudes around marijuana legalization.

O'Rourke's viewpoint is influenced by his hometown of El Paso, which he writes about extensively in his 2011 book "Dealing Death and Drugs: The Big Business of Dope in the U.S. and Mexico," co-written with fellow City Council member Susie Byrd.

For 15 years before 2008, there was an average of 236 murders per year in Ciudad Juárez, the sister city of El Paso, O'Rourke wrote. That number rose to 316 in 2007 before skyrocketing to 1,623 in 2008. There was a "pernicious influence," O'Rourke wrote: the "multibillion dollar hemispheric vice between supply and demand," where "North America consumes illegal drugs" and "Mexico supplies them."

A judge temporarily blocked Texas from listing delta-8 as a Schedule I drug, which effectively made it illegal.
The book draws a correlation between government crackdowns on the illicit trade and the number of murders. By regulating, controlling and taxing the marijuana market, O'Rourke and Byrd posit the U.S. could save lives. The authors call for restricting sales to adults, providing licenses to help regulate, limiting smoking to nonpublic spaces and prohibiting advertisers from appealing to children.
Once in Congress, O'Rourke continued efforts to roll back federal marijuana regulations - to no avail.

In 2017, he introduced a bill repealing a rule that prevented federal funds from going to states that don't enforce a law revoking or suspending drivers' licenses over drug offense convictions. He supported several failed attempts to protect states who had legalized the drug from federal incursion. O'Rourke sought to compel courts to seal records for nonviolent offenses involving marijuana. He co-sponsored a bill that would allow students convicted of marijuana possession to maintain their eligibility for federal aid. He also supported various measures to increase research into and expand the availability of medical cannabis, particularly for veterans.

None of those bills became law.

If O'Rourke becomes governor, his plans to legalize marijuana would face another set of hurdles in the form of the Texas Legislature, particularly Lt. Gov. Dan Patrick, who leads the state Senate.

After the House in April 2019 gave preliminary approval to a bill that would have reduced criminal penalties for Texans possessing small amounts of marijuana, Patrick declared the measure dead in the Senate.

There's been some momentum for more progressive marijuana policies within Patrick's party in recent sessions. In 2019, state Rep. Stephanie Klick, R-Fort Worth, and state Sen. Donna Campbell, R-New Braunfels, filed bills that would relax laws restricting medical cannabis access. Both of those reforms failed to become law. But Gov. Greg Abbott in May did sign a watered-down expansion of Texas' medical marijuana program to include people with cancer and post-traumatic stress disorder.
Patrick did not comment for this story. In a previous statement to The Texas Tribune, a Patrick spokesperson said the lieutenant governor is "strongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug."
Abbott didn't answer questions on his position regarding marijuana legalization.

Legalization advocates hope O'Rourke's candidacy can move opinions among state leaders on relaxing marijuana restrictions.

"Hopefully with Beto O'Rourke presumably being the Democratic nominee, we can push the other candidates in the race to talk about this issue more, to come to the table and have a conversation about how these policies are having negative impacts on our state," said Heather Fazio, director of Texans for Responsible Marijuana Policy.

Marijuana legalization draws some broad support across the state. According to a June 2021 University of Texas/Texas Tribune Poll, 60% of Texas voters say at least a small amount of marijuana should be legal. That figure includes 73% of Democrats, 74% of independents and 43% of Republicans.

There are thousands of Texans registered to use medical marijuana, though advocates say two million people are eligible based on current law.

Mike Siegel, the co-founder of Ground Game Texas, a nonprofit focused on supporting progressive policies around "workers, wages, and weed," said the issue is an opportunity for O'Rourke to reach independent or nonaligned voters.

"[Marijuana policy] is a major opportunity for [O'Rourke] to reach out to middle of the road, independent or nonaligned voters and even some Republican voters," Siegel said.

"A governor's race that's high-profile like the one that is coming up, where it could be Beto O'Rourke versus Greg Abbott, that's the best opportunity to push these populist wedge issues."

But Joshua Blank, research director for the Texas Politics Project at UT-Austin, said marijuana legalization isn't a "terribly important issue" for voters on its own. Its political salience depends on the issues tied to the policy, he said, whether that is the economy, criminal justice system or health care.

Advocates for legalization tie the issue to racial justice. In his 2011 book, O'Rourke linked the drug's prohibition in the early 20th century to racist fears of Mexican immigrants. Advocates today highlight the racial disparities in existing law's enforcement. Black Texans are 2.6 times more likely than white Texans to be arrested for marijuana possession, according to an April 2020 ACLU report. In 2018, Texas had the highest total number of marijuana possession arrests in the country, according to the report, which found the state ranks 41st for largest racial disparities in such arrests.

State Rep. Joe Moody, D-El Paso, who served as political director on O'Rourke's 2018 campaign, said the tide is turning on policies relating to cannabis enforcement. For example, House Speaker Dade Phelan, R-Beaumont, co-authored the 2019 bill that would have reduced penalties for possession before Patrick killed it.
"A Gov. O'Rourke would certainly turn that tide a lot quicker because of his position on these issues. But ultimately, to get something to the governor's desk, you've got to get it through the Senate," Moody said.

"Our focus has to be on changing hearts and minds in the Senate."

Moody would know something about changing opinions. Now one of the Legislature's biggest proponents of reducing penalties for marjiuana charges, he said he disagreed with O'Rourke's position on marijuana a decade ago. Overhauling American drug policy wasn't going to "flip the switch on violence," he said of his feelings at the time. But he said he's since grown "much more comfortable" with the idea that legalization is "a major piece of the puzzle."

O'Rourke was "ahead of the curve" on marijuana legalization, Moody said, a quality he added the public should seek from their leaders.

For Moody, El Paso - which became the first U.S. city to outlaw marijuana usage in 1915 - is the place to lead that charge.

"If you're going to right the wrong, if you think this is a scourge on our system, and it began here, then let's let it end here. Let's lead the way to end it," Moody said.
"That certainly is something that weighs heavily on my mind and on my shoulders when I work on this policy, and I imagine it's the same for [O'Rourke]."

 

[Thedev]

I have never been a single issue voter...never. Nor have I ever subscribed to any political party's entire platform....I don't know how a responsible voter can just swallow all the positions of a party except thru abject partisanship which I also reject.

With all of that said....IMO, its a good thing that ole' Robert O'Rourke was touting this in Austin as Austin and perhaps Houston are pretty much the only type of areas in TX that he is likely to win.

I'll eat my hat if "Beto" is elected Governor in TX....but, I have been wrong before...many times! haha

So, while I posted this article I really don't see this as any significant actual movement on legalization in TX....it was just a stump speech.

​

Nah, I am with you ...Homeboy has NO chances.
This is a big boy club and the map is far from being in Robertos favor

 

[Baron23]

"would forbid Austin police officers in most cases from ticketing or arresting people on low-level pot charges"

Austin still has police?


I'm afraid that TX state law will, for the present, remain the same and that both Austin police and Texas Rangers are right now not bound by anything else.

We will see how this plays out. Although some police may indeed choose to continue to arrest for small possession, the DA's may well choose to not prosecute.

Austin voters could decriminalize small amounts of pot in November​

“Small possession of marijuana is not the type of violation that we want to stockpile jails with,” Texas Gov. Greg Abbott said Monday.​

As greater numbers of Texas voters sour on harsh punishment for marijuana offenses, Austin voters will likely decide in November whether to effectively decriminalize the drug.

The ballot measure, pushed by the group Ground Game Texas, would forbid Austin police officers in most cases from ticketing or arresting people on low-level pot charges like possessing small amounts of the drug or related paraphernalia — unless the offenses are tied to more severe crimes. The city also would not pay to test substances suspected to be marijuana — a key step in substantiating drug charges.

Both practices have already been informally adopted in Austin, but advocates want to solidify them at the November ballot box.

“The primary effect is that it would make the decriminalization that exists in Austin today actually long term and would put the force of law behind it,” said Chris Harris, policy director at Austin Justice Coalition.

Austin law enforcement has met the idea with varying degrees of hostility and indifference in recent years. After the Austin City Council informally asked the Police Department in 2020 to halt citations and arrests for misdemeanor marijuana charges, then-Chief Brian Manley said the council doesn’t have the authority to tell him not to enforce state law. And officers still have latitude to decide whether to make arrests and write citations.

Chief Joseph Chacon has been mum on the current proposal. A representative for the Austin Police Department did not return a request for comment Monday.

And the Austin Police Association, the union that represents Austin officers, is staying out of the ballot fight — but not because it’s happy with the idea.
“We don't support it just because we feel like you should follow state law,” said Ken Casaday, head of the union.

“They're skirting state law. But the thing is if this makes people in Austin happy, so be it.”

Austin’s city clerk verified Monday that the campaign collected enough signatures — at least 20,000 — to appear on the November ballot. The City Council still must vote to put the measure, which also would formally ban “no-knock” warrants, on the ballot.

But the measure faces one big obstacle: Although marijuana laws in Texas have loosened somewhat in recent years, the drug remains illegal at the state level.
Public support for harsh marijuana laws and prosecutors’ willingness to bring charges for minor offenses has waned in recent years.

The number of new charges for misdemeanor marijuana possession fell by 59% from 2016 to 2020, according to figures from the Texas Office of Court Administration, as prosecutors in the state’s major urban areas have increasingly deprioritized marijuana prosecutions.

Most Texas voters support decriminalizing marijuana in some form. Three-fifths of Texas voters say at least a small amount of marijuana should be legal, according to a University of Texas/Texas Tribune Poll last year.

That support cuts across partisan lines. Nearly three-fourths of Democrats and independents think marijuana should be legal. So do 43% of Republicans, a plurality of that group.

It’s against that backdrop that Ground Game Texas — a progressive group focused on issues of “workers, wages and weed” — plans to mount decriminalization campaigns in Killeen and Harker Heights. In San Marcos, another organization is gathering signatures for a similar ballot measure.

“This is a very popular issue, even among a lot of Republicans,” said Mike Siegel, political director for Ground Game Texas.

In the past, Gov. Greg Abbott and Republican leaders have sought to punish Austin for adopting left-leaning measures like cutting the city’s police spending or allowing homeless encampments in public.

But Abbott has signaled openness to some forms of marijuana decriminalization. In May, he signed an expansion of the state’s medical marijuana program to include people with cancer and post-traumatic stress disorder. And on Monday, he said he has little appetite for severe punishment for low-level marijuana offenses.
“One thing that I believe in, and I believe the state Legislature believes in, and that is prison and jail is a place for dangerous criminals who may harm others,” Abbott said Monday during a campaign stop in Edinburg.

“Small possession of marijuana is not the type of violation that we want to stockpile jails with.”

Part of Abbott’s play is not to alienate moderate voters in the November general election who believe in some degree of marijuana decriminalization, said Brandon Rottinghaus, a political science professor at the University of Houston. His Democratic opponent, former Congressman Beto O’Rourke, has regularly backed marijuana legalization on the campaign trail.

“The governor doesn't want to be on the wrong side of public opinion on what is otherwise a popular issue towards decriminalizing and, for some, outright legalization for recreational use,” Rottinghaus said.

 

[momofthegoons]

Austin, Texas Cannabis Decriminalization Initiative Set for Ballot in May​

The Austin Freedom Act of 2021 also aims to ban dangerous ‘no knock’ warrants.

Officials in Austin, Texas have officially given the green light to a cannabis decriminalization initiative now set to appear in an upcoming ballot.

On January 18, the Austin City Council in Texas voted to allow the ballot initiative known as the “Austin Freedom Act of 2021” on the upcoming special election on May 7. The Act will stop local law enforcement from convicting residents of low-level cannabis offenses, and will prohibit “no knock” warrants by police as well.

The initiative is supported by an organization called Ground Game Texas (GGT). “Thanks to the tireless efforts of the on-the-ground organizers from Ground Game Texas and partner organizations, Austin residents will soon have the ability to make lasting change to our antiquated and racist criminal justice laws,” said Ground Game Texas Political Director Mike Siegel when the organization first received approval from the City Clerk in December 2021. “With successful campaigns like these, Ground Game Texas will continue to empower and excite communities around progressive change—and deliver for the marginalized communities that too often get left behind.”

The group collected 33,332 signatures, although only 20,000 was necessary. State law requires that 25 percent of randomly selected signatures needs to be verified, which came up to 8,334 of the signatures. Of those, 2,455 were disqualified (due to duplicates, missing signature or other reasons), but the remaining 5,879 passed the test.

Further celebration was in order when GGT received news that their petition was approved on January 10, followed by the city council’s approval on January 18.

“It’s official! Austin will hold an election May 7, 2022 on the Austin Freedom Act. Voters will be able to pass a new city law that (1) ends enforcement of marijuana possession and (2) bans dangerous ‘no knock’ warrants. Thank you to everyone who got us this far—now let’s win!” the organization wrote on Twitter. GGT also proceeded to share information on how local advocates can volunteer their time to support the cause as it begins to fight for decriminalization in other cities across Texas.

The Austin Police Department originally announced the end of cannabis convictions back in 2020, stating that citations would only be given “unless there is an immediate threat to a person’s safety or doing so is part of the investigation of a high priority, felony-level narcotics case or the investigation of a violent felony,” according to KVUE. The Austin Freedom Act of 2021 makes decriminalization official, stating that if passed by voters, Class A or Class B possession offenses would not be issued by law enforcement unless the situation involves a high priority “felony level narcotics case” or “investigation of a violent felony.”

Furthermore, if passed, the Act would ban “no knock” warrants. “’No knock’ search warrants shall not be used. No Austin police officer may request, execute, or participate in the execution of any search warrant that does not require the officer to knock and announce their presence and wait at least 15 seconds prior to execution.”

Only medical cannabis is legal in the state of Texas. The medical cannabis program was recently updated in July 2021 when Governor Greg Abbott signed House Bill 1535 into law. This expanded to include post-traumatic stress disorder and all types of cancer as qualifying conditions to register in the state’s medical cannabis program. It also raised the THC limitation from 0.5 percent THC to “one percent by dry weight.”

Recently, the topic of smokable hemp reached the Texas Supreme Court in early January, which effectively challenged the ban. Presiding judge Lora Livingston ruled that banning smokable hemp is unconstitutional, and issued a permanent injunction preventing the Texas Department of Health Services from enforcing it.

 

[momofthegoons]

Texas Supreme Court Hears Case Challenging State’s Smokable Hemp Manufacturing Ban​

The Texas Supreme Court on Tuesday heard oral arguments concerning the state’s ban on manufacturing smokable hemp products—the latest development in a drawn-out legal battle on the policy first proposed and challenged in 2020.

A lower court determined in August that a proposed ban on the manufacturing and sale of smokable hemp was unconstitutional and imposed a permanent injunction that barred the state from prohibiting the full range of hemp activity. Texas officials then raised the in-state manufacturing matter to the state’s highest court.

Hemp products—including those that can be inhaled—have been legal in Texas since Congress federally legalized the crop under the 2018 Farm Bill and the legislature followed suit, so long as the cannabis contains no more than 0.3 percent THC per dry weight. But regulators threw the industry for a loop when the Department of State Health Services proposed a rule prohibiting the manufacturing and sale of smokable hemp products within the state.

Following a lower court ruling last year, the state dropped its ban on selling smokable hemp; however, it maintained a rule that those products could only be lawfully sold if they were manufactured and processed out of state. It’s a point that hemp stakeholders and the legal counsel of four cannabis businesses in the state who brought about the original lawsuit have consistently emphasized.



“Because consumption was not banned in the state of Texas, there really is no underlying governmental interest” in banning manufacturing, attorney Chelsie Spencer told Marijuana Moment in a phone interview on Tuesday.

At the state Supreme Court hearing on Tuesday, the primary question from justices was whether officials could prove that there was a “rational basis” for the regulation. There were repeated references to a prior court case, Patel vs. the Department of Licensing & Regulation, which found the state had imposed an undue burden on the cosmetology industry with regulations it enacted for commercial eyebrow threading.

Justices asked a wide range of questions around the rationality of the state’s hemp manufacturing regulations.

The state’s deputy solicitor general, Bill Davis, made the argument that there was a rational basis to the rule because smoking hemp is a public health concern and because of law enforcement complications that result from officers struggling to distinguish between flower hemp and marijuana.

With respect to the health claim, counsel for the plaintiffs rejoined that there’s nothing stopping Texans from buying and smoking hemp if they cross the border or buy products online, so that point is moot. Rather, the policy is simply inhibiting in-state businesses from profiting from a popular market and leading many to leave the state.

With respect to the law enforcement argument, Spencer said that “if that was the state’s true interest here in regulating smokable hemp products, they would have banned use and possession by the consumer. As it stands, consumers can simply drive across the border or order from online. All they’ve done is specifically targeted Texas based companies.”

The attorneys said they expect the state Supreme Court to reach a decision on the case this summer.

“This is about a stupid law,” Matt Zorn, another attorney involved in the case, told Marijuana Moment. He noted that, during Tuesday’s hearing, it was mentioned by a justice that just because a law might be “stupid,” that doesn’t necessarily mean it’s irrational.

“I think he’s correct. But this law is stupid and irrational,” he said. “I’m just hoping that the justices take a really close look at the actual law…and make a judgment as to whether or not this was rational.”

One area of concern that the lawyers flagged concerns remarks from Justice Jimmy Blacklock, who suggested that the businesses behind this legal challenge “should have been made at a legislative hearing,” rather than in a courtroom.

Spencer said that assessment “flies in the face of 200-plus years of jurisprudence in the United States.”

Meanwhile, Texas’s hemp industry scored a largely unrelated legal victory late last year after a judge ruled that state regulators would be temporarily prohibited from enforcing a ban against the sale of delta-8 THC products. While regulators sought to challenge the injunction with the state Supreme Court, justices denied the motion in December, meaning delta-8 can continue to be lawfully produced and sold in Texas.

Beyond hemp, the Republican governor of Texas said in January that he doesn’t believe people should be incarcerated over low-level marijuana possession, effectively endorsing decriminalization. He made the remarks on the same day that Austin officials certified a ballot initiative to enact the reform on the local level.

Gov. Greg Abbott (R) made similar comments during a debate in 2018, saying that “one thing I don’t want to see is jails stockpiled with people who have possession of a small amount of marijuana.”

“I would be open to talking to the legislature about reducing the penalty for [marijuana] possession of two ounces or less from a Class B misdemeanor to a Class C misdemeanor,” he said at the time.

The Texas House went on to approve a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session and never made it to Abbott’s desk due to the opposition of Lt. Gov. Dan Patrick (R), who controls the chamber’s agenda.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018.

Separately, Democrat Beto O’Rourke, a former congressman and El Paso City Council member, is running for governor this year and supports full marijuana legalization.

While there’s no statewide ballot process in place for citizen initiatives in Texas, drug policy reform did advance in the state legislature during last year’s session, but not necessarily at the pace that advocates had hoped to see.

A bill to expand the state’s medical cannabis program and another to require a study into the therapeutic potential of certain psychedelics for military veterans were enacted. Abbott signed the former but let the other become enacted without his signature

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

A Texas poll that was released over the summer found that 60 percent of voters in the state support making cannabis legal “for any use.”