United States: Texas could reduce penalties for cannabis possession

Members of the Texas House of Representatives on Tuesday approved a reduction in prison sentences for people who possess cannabis.

The House Bill 441 must now go through the Senate. If the law is passed, a person arrested with up to one ounce (28 grams) will not go to prison. This is because the bill downgrades possession of cannabis to a Class C misdemeanor, which is not punishable by imprisonment. Today, having cannabis on one's person is a Class B misdemeanor in Texas, punishable by six months in prison and a $2,000 fine.

This new legislation would decriminalize low doses. In this state bordering Mexico preparing to legalize cannabis, In Texas, many prosecutors and police no longer pursue people with small doses of flower or resin. In 2018, Texas recorded 63,000 arrests for cannabis. The figure drops to 45,000 a year later. A February poll even points to 60 % of Texans favoring legalization of small quantities.

Perhaps it was this poll that motivated Democrat Erin Zwiener, who is carrying this text. And even though Republicans dominate the House of Representatives, 83 seats to 67, she voted «yes». An effort welcomed by Zwiener, who applauds the «bipartisan dialogue». But the text will certainly have more difficulty getting through the Senate. The upper house is «historically more difficult to convince» for Texans for Responsible Marijuana Policy, a pro-cannabis association quoted by Marijuana Moment.

A similar law rejected in 2019

The Senate is also dominated by Republicans: 18 Democrats, compared to 19 members of the Democratic Party. grand old party. And the lower house said «no» to a similar bill in 2019. At the time, it was Dan Patrick, the Republican deputy governor and senator, who opposed it. «The bill died in the Senate. I join House Republicans who opposed this step forward, toward legalizing cannabis« , he proclaimed on Twitter.

For the moment, Dan Patrick has given no indication of the upcoming vote in the Senate. But the situation has changed since 2019. First, this poll shows that Texans are in favor of legislative change. And then the Democrats gained a Senate seat in the 2020 elections. With a majority set at 16 votes, this gain is not insignificant. Another major change: the authorization of hemp derivatives, including CBD.

Finally, proof that Texas law is evolving more and more, the psilocybin could be authorized to treat veterans suffering from post-traumatic stress. An amendment to this effect has just been passed in committee in the House of Representatives.