In Texas, Democrats and Republicans are beginning to find common ground on the legalization of cannabis

The prospect of legalizing recreational cannabis in Texas has gained new momentum following the November 2026 elections. With Democrats having taken control of the governor’s office and the state House of Representatives, and several Republican lawmakers having shown openness to reform, the state may be on the cusp of a significant shift in its cannabis policies.

Three bills have already been introduced ahead of the 2027 Texas legislative session, which is scheduled to begin on January 12. Although their provisions differ, they share a central goal: to replace prohibition with a regulated framework for adult cannabis use.

Proposals to Legalize Cannabis

Democratic Representatives John Bucy III and Joe Moody introduced House Bills 362 and 369, two nearly identical proposals known as the «Texas Regulation of Cannabis Act.».

Under these measures, adults aged 21 and older would be able to legally possess up to two ounces (56 grams) of cannabis, including no more than 15 grams of concentrates. They would also be allowed to grow up to 12 cannabis plants at home, provided that they are grown in secure areas, out of public view.

The legislation would establish a licensed commercial market covering cultivation, processing, testing, transportation, and retail distribution. The proposed tax structure includes a 20% tax on cannabis sold at retail, as well as a 15% tax on transactions between licensed growers and retailers.

Tax revenue would be used to fund several public initiatives:

• 50% for funding public education
• 25% for assistance to veterans
• 15% for the prevention and treatment of substance abuse
• 10% for local regulatory expenses

A separate proposal, Senate Bill 237, introduced by Democrat Carol Alvarado, takes a different approach. It would authorize possession of up to 2.5 ounces (70 grams) and rely on licensing fees rather than additional excise taxes. Counties would also retain the authority to ban cannabis-related businesses.

A bipartisan cannabis reform appears to be a political possibility

These legislative proposals coincide with a shift in attitude among Texas elected officials. Incoming Lieutenant Governor Vikki Goodwin, who defeated Republican Dan Patrick, has indicated that regulating THC-based products should take precedence over an outright ban.

«I think we need regulations governing THC,» Ms. Goodwin said. «I’m not in favor of a total ban on THC.»

However, she refrained from endorsing a specific model for legalization, acknowledging that lawmakers must determine whether to expand Texas’s existing compassionate use program or pursue broader legalization for recreational use by adults.

Republican Representative Wes Virdell also suggested that cooperation across party lines was possible.

«I think we'll see very bipartisan bills introduced in the House of Representatives—and, hopefully, in the Senate—on these issues,» he told KXAN-TV.

Restrictions on hemp and medical cannabis remain key issues

The debate goes beyond the legalization of recreational use. Texas has seen considerable controversy regarding hemp-derived THC products, especially after lawmakers passed restrictive legislation championed by outgoing Lieutenant Governor Dan Patrick.

Although Governor Greg Abbott vetoed this legislation, the resulting restrictions have been the subject of legal challenges. Mr. Goodwin advocated for a review of these rules while protecting businesses operating in the hemp industry.

At the same time, other legislative proposals aim to expand access to medical cannabis, to reduce penalties related to drug concentrates and to restrict certain workplace drug testing practices.

Could Texas legalize cannabis in 2027?

Despite the changing political landscape, legalization remains uncertain. Governor-elect Gina Hinojosa has expressed interest in having voters decide the issue through a referendum, although Texas law requires lawmakers to approve a constitutional amendment.

The Republicans also retain control of the state Senate, which poses another potential obstacle.

Recent polls indicate substantial bipartisan public support for legalization or decriminalization. Voters in Houston also approved a measure designating cannabis possession—which is considered a misdemeanor—as the lowest priority for local police in terms of law enforcement.

If the House of Representatives’ proposals are passed, their provisions would take effect in September 2027, and the issuance of commercial licenses would begin as early as November 2028. For now, the legalization of cannabis in Texas remains a possibility rather than a certainty.