Cannabis in Texas

Prior to 1973, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.

John Gregory Bourke described the use of "mariguan", which he identifies as Cannabis indica or Indian hemp, by Mexican residents of the Rio Grande region of Texas in 1894.

The scene for this city ban was set in 1913, when a man killed a police officer in neighboring Ciudad Juarez, Mexico, while chasing an El Paso couple.

[7] Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements: One under its influence is devoid of fear and as reckless of consequences or results.

[10][13] Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison.

[19][20] In June 2015, Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy.

[28] In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC).

[32] Prosecutors in the counties of Harris, Tarrant, Bexar, Travis, Williamson, and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges.

The Texas Department of State Health Services later classified the drug as an illegal substance in October 2021,[35][36] but a November 2021 injunction from a district court judge prevented the prohibition from taking effect, until a final ruling on the matter can be made.

[37] In June 2019, Governor Abbott signed House Bill 3703 which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program.

[51] In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1.

[60] Members of the council had been swayed by pressure from Rep. Silvestre Reyes and several state lawmakers who warned that future allocation of federal funds to the city could be affected.

Under the program, persons possessing less than two ounces of cannabis would still be subject to arrest, but could avoid a criminal conviction by attending drug education classes or performing community service.

Under the new program, persons possessing less than four ounces of cannabis would not face criminal charges or even be issued a citation as long as they agreed to attend a four-hour drug education class.

[73] In October 2017, El Paso County commissioners voted unanimously to allow people caught with less than 4 ounces of cannabis to pay a $100 fine and perform 8 hours of community service in lieu of facing criminal charges.

[74] In December 2017, Travis County commissioners unanimously approved a plan to allow persons cited for less than two ounces of cannabis to take a four-hour educational course (at the cost of $45) rather than being subject to criminal charges.

[76] In April 2019, Dallas County District Attorney John Creuzot announced that individuals caught possessing misdemeanor amounts of cannabis would no longer be prosecuted for first-time offenses.

[77] In May 2019, Bexar County District Attorney Joe Gonzales announced that an expanded version of cite-and-release would be implemented during the summer and apply to San Antonio Police Department as well.

[87] In May 2022, Austin voters approved Proposition A by a 85–15 margin to prevent the enforcement of cannabis laws in most circumstances in the city (though police can still confiscate the drug).

[91][92] In June 2018, delegates at the Republican Party of Texas 2018 convention voted to approve a set of platform planks endorsing cannabis policy reform.

[97][98] The following were approved by delegates: Marijuana Lobby Day was first held in Austin in 2011, when 25 people showed up to press the issue to the legislature (which meets once every two years).