Texas House of Representatives approves plan to decriminalize cannabis

Will Texas, one of the most conservative states in the United States, join the ranks of U.S. states where cannabis has been decriminalized?

The Texas House of Representatives, the equivalent of our National Assembly, has in any case given its initial approval to a bill aimed at decriminalizing cannabis in the state. Earlier on Wednesday, a committee heard testimony on a separate bill aimed at legalizing and more broadly regulating the sale of cannabis.

The House passed Democratic Representative Joe Moody’s bill on second reading in a voice vote, paving the way for its final passage in the House.

«I am very proud to introduce a bill that will lower taxes, improve economic opportunities for Texans, and strengthen law enforcement’s ability to respond to serious crimes,» Mr. Moody said. «Bill 218 changes the way we enforce laws regarding personal cannabis possession.»

«Possession of a small amount of cannabis remains illegal, but we’re taking a smarter approach than we do today,» he added. «This will free up hundreds of millions of dollars currently spent on law enforcement, keep police on the streets to work on more serious cases instead of dealing with these minor arrests, and ensure that those who would currently end up with a criminal record—which interferes with employment, school, housing, and obtaining a license come out of the process without permanent stigma.»

The bill proposes to make the possession of a maximum amount of one ounce of cannabis (28 grams) a Class C misdemeanor, eliminating the risk of imprisonment and imposing instead a maximum fine of $500. Current law classifies the possession of small amounts of cannabis as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.

The bill also specifies that possession of less than two ounces of cannabis does not result in an arrest, which means that offenders are issued a citation and released. In addition, individuals who have been convicted of possessing less than two ounces of cannabis may apply to have those convictions expunged through a court proceeding upon payment of a $30 fee.

This vote comes about a month after a House of Representatives committee unanimously approved this measure, which would eliminate the risk of arrest orimprisonment for minor cannabis possession and would allow individuals to eventually expunge cannabis-related offenses from their criminal records.

The Chamber has already adopted similar proposals to decriminalize cannabis during the last two legislative sessions, in 2021 and 2019. So far, the proposals have consistently been blocked in the Senate due to opposition from Republican Lieutenant Governor Dan Patrick.

It is not yet clear whether Dan Patrick will again seek to block the reform of the laws governing Texas on Cannabis.