Texas Democrats have filed three bills to legalize recreational marijuana for adults 21 and older, including two House proposals that would allow personal cultivation of up to 12 plants while establishing a regulated system of licensed marijuana stores, commercial cultivation and taxation.
State Representatives John Bucy III (D-Austin) and Joe Moody (D-El Paso) introduced House Bill 362 and House Bill 369 today, the opening day for filing legislation ahead of the 90th Texas Legislature, which convenes January 12, 2027. Both measures contain essentially identical language and are titled the Texas Regulation of Cannabis Act. In addition to the two House proposals, Senator Carol Alvarado (D-Houston) filed Senate Bill 237 today, which would also legalize recreational cannabis and establish a system of licensed and regulated retail sales.
Under the proposals, adults 21 and older would be allowed to possess and transport up to two ounces of marijuana, including up to 15 grams of marijuana concentrates. Adults could also transfer those amounts to other adults without payment, provided the transfers are not publicly advertised or promoted.
The legislation would allow adults to grow up to 12 marijuana plants at their private residences, provided the plants are kept in enclosed, secured areas that are not visible to the public. Residents would be allowed to retain marijuana harvested from their plants, along with up to 10 ounces obtained elsewhere, with quantities exceeding two ounces subject to secure storage requirements.
The legislation would also establish a commercial marijuana industry overseen by the Texas Department of Licensing and Regulation. The agency would be responsible for licensing marijuana growers, retail establishments, transportation companies and testing facilities, while establishing standards for product safety, packaging, labeling and security.
The proposals would impose a 20% tax on retail marijuana purchases, in addition to existing state sales taxes. A separate 15% tax would apply to marijuana sold by licensed growers to retail establishments.
Revenue generated by the new taxes would be distributed among several state programs. Half would go to the Permanent School Fund, 25% would support veterans’ assistance programs, 15% would fund substance abuse prevention and treatment, and the remaining 10% would help local governments cover marijuana business oversight costs.
Cities and counties would retain authority to regulate the location, operating hours and number of marijuana businesses within their jurisdictions. However, local governments would not be allowed to completely prohibit licensed marijuana establishments or impose restrictions considered unreasonable under the legislation.
The bills also include protections against arrest, prosecution and property forfeiture for marijuana-related activities authorized under the proposed law. Prior marijuana possession convictions would not automatically disqualify applicants from obtaining commercial marijuana licenses.
Public marijuana consumption would remain restricted, including prohibitions on consumption in vehicles on public roads, at schools and in most public places. Local governments could designate certain areas where consumption would be allowed exclusively for adults.
If approved, the legislation would take effect September 1, 2027. State regulators would have until July 1, 2028, to finalize implementing rules, with commercial licensing required to begin by November 1, 2028.
The proposals arrive following significant changes to Texas’ political landscape in last week’s elections. Democrats won control of the state House and governor’s office, while Republicans retained their majority in the Senate.
Governor-elect Gina Hinojosa has expressed support for legalizing recreational marijuana.
