Bill to Legalize Recreational Marijuana Prefiled in Texas Senate

Legislation that would make recreational marijuana legal for those 21 and older throughout Texas was prefiled yesterday in the Texas Senate, in preparation for the upcoming session.

Senate Bill 335 was filed by Senator Sarah Eckhardt (D) yesterday, one day after State Representative Jessica Gonzalez filed companion bill House Bill 1208.

Both measure would allow those 21 and older to possess up to 2.5 ounces of dried marijuana and up to 15 grams of marijuana concentrates. A licensed and regulated system of marijuana businesses would be established, including retail outlets that would be accessible to anyone 21 and older regardless of whether or not they live in Texas or have a medical condition.

Under current Texas law, possessing up to two ounces of marijuana is a misdemeanor punishable by up to 180 days in jail, with the potential punishment rising to one year in jail if possessing two to four ounces. The state does have a low-THC medical marijuana program, but it’s one of the most restrictive in the US.

The proposed legislation would grant local governments an active role in cannabis oversight and provide funding assistance to support regulatory costs. A dedicated “cannabis establishment regulation and oversight” account within the state’s general revenue fund would be established to finance these efforts. This account would help municipalities and counties hosting licensed cannabis businesses cover enforcement and regulatory expenses.

For the full text of the proposed law, click here.

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