Texas Senate Leader Blocks Democrat’s Attempt To Let Voters Decide On Marijuana Legalization

A Texas Democratic senator brought the issue of marijuana legalization to the Senate floor on Thursday, seeking to attach to an unrelated resolution an amendment that would’ve allowed Texans to vote on ending prohibition at the ballot box.

But the symbolic proposal was ultimately shut down. Lt. Gov. Dan Patrick (R), who presides over the Senate, agreed to another member’s point of order, deeming the cannabis amendment not germane to the broader legislation.

As advocates wait to see what the Senate will do with House-passed bills to decriminalize marijuana and expand the state’s medical cannabis program, the procedural defeat raises some concerns that the anti-legalization presiding officer of the chamber will similarly move to quash more modest reform proposals.

Sen. Roland Gutierrez (D) did get a chance to speak to his amendment on the floor before it was blocked from consideration, saying it would offer Texans “an opportunity to vote on the legalization of the consumption and production of cannabis.”

Today, I filed an amendment to HJR 126 that would have allowed the people of #Texas to vote on the legalization of #Cannabis.

This would boost our economy, be a huge benefit for our farmers and would allow those who need it, like veterans, the opportunity to have it legally.… pic.twitter.com/oyuWXAItzD

— Senator Roland Gutierrez (@RolandForTexas) May 4, 2023

The senator’s measure aimed to expand a provision of the resolution’s proposed constitutional amendment that would establish the right of people to engage in farming and horticultural activities on property they own or lease. He sought to add the right of people to “cultivate cannabis for personal and commercial consumption.”

Because the overall resolution would amend the state Constitution, it requires voter approval. In that way, if adopted, the amendment would have effectively given Texans an opportunity to vote on legalization as part of a broader change.

“I’ve studied this issue at great length,” the senator said, adding that legalization would generate billions of dollars of revenue, create tens of thousands of jobs and give people who’ve been criminalized over cannabis a chance to get “back on track.”

“Every state around the state of Texas has legalized cannabis,” he said. “We are losing revenue to those states around us.”

Gutierrez also blasted the Nixon administration, saying the former president was “the most impactful at putting a negative stigma on this issue” and that he ignored the recommendations of a committee he formed that urged federal decriminalization of marijuana. Instead, Nixon “cut a deal with Congress” to place cannabis in Schedule I under federal statute, “and it has not been removed since.”

WATCH: @RolandForTexas introduces an amendment to allow Texans to vote on legalizing cannabis.

For our veterans. For our farmers. For the countless Texans of color who’ve had their entire lives ruined by minuscule pot charges.

It’s time. It’s way past time. #LegalizeIt#txlegepic.twitter.com/or4ENlyueA

— Texas Democrats (@texasdemocrats) May 4, 2023

“Our community wants to have this, and they want to be able to have the decision to vote on this,” the senator said.

Another member then questioned the germaneness of the amendment and raised a point of order, which Patrick said was “well-taken and sustained” without commenting directly on the legalization proposal.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

While the House has advanced marijuana decriminalization in this and earlier sessions, reform has consistently stalled out in the Senate under Patrick’s authority.

The lieutenant governor’s office has not responded to several requests for comment on the marijuana bills that passed the House last month, and Patrick hasn’t given any explicit indication that he’s willing to allow the Senate to take them up.

But to Gutierrez’s point about public opinion on the issue, nearly three in four Texas voters (72 percent) support decriminalizing marijuana, according to a University of Texas/Texas Politics Project poll in December. More than half (55 percent), meanwhile, said they’re in favor of broader legalization. Seventeen percent said it shouldn’t be legal at all.

A more recent survey from the same institution similarly showed that a majority of Texas voters feel that the state’s marijuana laws should be “less strict.”

On the local level in Texas, meanwhile, activists have succeeded in enacting municipal cannabis reform policies. And voters in San Antonio and Harker Heights will decide on local marijuana decriminalization ballot initiatives this Saturday.

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Texas House Will Vote Next Week On Allowing Medical Marijuana As Opioid Alternative And Replacing THC Limit

The Texas House of Representatives will vote on a bill next week that would allow doctors to recommend medical marijuana to patients as an opioid alternative for chronic pain.

The legislation, sponsored by Rep. Stephanie Klick (R), would also replace the THC cap that was established under the state’s existing limited medical cannabis law.

After moving through the House Public Health Committee last month, the measure was brought before the Calendars Committee on Thursday, which has now scheduled it for floor debate and a vote on Tuesday, April 11.

This also comes weeks after a separate House panel unanimously approved a bill to decriminalize cannabis possession in the state while providing a pathway for records expungement.

The medical marijuana expansion legislation, meanwhile, would replace the one percent THC cap for cannabis oil from with a volumetric dose of 10 milligrams.

Legislation to improve the #Texas Compassionate Use Program has been scheduled to be debated and voted on by the full House of Representatives on 4/11/23.

Ask your Representative to vote YES: https://t.co/H0DburlAei#TexasNORML#NORML#TXLegepic.twitter.com/1ZHV4ABDtA

— Texas NORML (@TexasNORML) April 7, 2023

It would also add a tenth condition that qualifies patients for low-THC marijuana products: “A condition that causes chronic pain, for which a physician would otherwise prescribe an opioid.”

Importantly, the bill further stipulates that regulators at the Department of State Health Services (DSHS) could approve, through rulemaking, additional debilitating medical conditions to qualify patients for the cannabis program. If enacted, the bill would take effect starting on September 1, 2023.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Advocates at groups like Texas NORML are encouraging supporters to reach out to their representatives and encourage them to approve the reform.

While advocates would like to see the conservative legislature enact more holistic medical cannabis legislation, or end prohibition altogether, the measure does represent a significant expansion, while also recognizing the potential of cannabis as an opioid alternative.

The full Texas House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session. Lawmakers have since been unable to pass additional expansive cannabis bills in recent sessions.

For his part, Gov. Greg Abbott (R) said that he doesn’t believe people should be incarcerated over low-level marijuana possession. However, the governor incorrectly suggested last year that lawmakers have already adopted the policy statewide.

House Speaker Dade Phelan (R) said in September that he will work to enact criminal justice reform in the 2023 session, and he again expressed support for lowering penalties for marijuana possession.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018, but that was later rescinded.

A poll released last month found that a majority of Texas voters say that the state’s marijuana laws should be “less strict.”

Also last month, Texas lawmakers filed three bills aimed at expanding research on the therapeutic benefits of psychedelics. Those measures, if enacted, would build on a modest psychedelics study law enacted last session.

Meanwhile, there’s also been a surge of local action on marijuana issues under home rule laws in Texas over recent years.

Major cities like Austin have already enacted decriminalization locally at the ballot, and voters passed the reform in five other Texas cities this past November.

San Antonio voters will see a measure on their May ballot to decriminalize marijuana, prevent the enforcement of abortion restriction laws and ban no-knock warrants.

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Texas Lawmakers Vote To Allow Medical Marijuana As Opioid Alternative While Replacing THC Limit

Texas lawmakers approved a bill on Monday that would allow doctors to recommend medical marijuana to patients if they have a condition causing chronic pain that would otherwise be treated with prescription opioids.

The legislation from Rep. Stephanie Klick (R)—which would also replace the THC cap that was established under the state’s existing limited medical cannabis law—cleared the House Public Health Committee about a week after members took testimony on the proposal in an initial hearing.

This development comes weeks after a separate House committee unanimously approved a bill to decriminalize cannabis possession in the state while provide a pathway for records expungement.

HB 1805 has been amended and passed out of committee! It heads to the Calendars Committee to be scheduled for consideration by the full #Texas House of Representatives. #TXLege#TexasNORML#NORML

Ask your Representative to vote YES when the time comes: https://t.co/H0DburlAeipic.twitter.com/sdDf7RTz7g

— Texas NORML (@TexasNORML) March 20, 2023

The medical marijuana expansion legislation, meanwhile, would replace the one percent THC cap for cannabis oil from with a volumetric dose of 10 milligrams. As introduced, the bill would have increased the limit to five percent THC content, but the committee adopted a substitute amendment that contains the switch to the volumetric dose method.

It would also add a tenth condition that qualifies patients for low-THC marijuana products: “A condition that causes chronic pain, for which a physician would otherwise prescribe an opioid.”

Importantly, the bill further stipulates that regulators at the Department of State Health Services (DSHS) could approve, through rulemaking, additional debilitating medical conditions to qualify patients for the cannabis program. If enacted, the bill would take effect starting on September 1, 2023.

Under current law, patients can qualify for low-THC medical cannabis if they have epilepsy, a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, cancer, an incurable neurodegenerative disease or post-traumatic stress disorder.

Texas NORML Executive Director Jax James told Marijuana Moment that advocates “feel confident” that the expansion bill will be approved on the House floor after clearing committee.

“However, we encourage our fellow Texans to reach out to their representatives in support of this legislation, as well as their senators in expectation of it crossing over,” she said. “The legislature moves quickly and we must ensure these important changes are codified for Texas patients.”

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

While advocates would like to see the conservative legislature enact more holistic medical cannabis legislation, or end prohibition altogether, the committee-passed measure does represent a significant expansion, while also recognizing the potential of cannabis as an opioid alternative.

The text of the substitute amendment adopted ahead of Monday’s panel vote is not yet available, so it’s not immediately clear if there were other substantive changes made to the bill. The revised measure now heads to the Calendars Committee to be scheduled for floor action.

The full Texas House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session. Lawmakers have since been unable to pass additional expansive cannabis bills in recent sessions.

For his part, Gov. Greg Abbott (R) said that he doesn’t believe people should be incarcerated over low-level marijuana possession. However, the governor incorrectly suggested last year that lawmakers have already adopted the policy statewide.

House Speaker Dade Phelan (R) said in September that he will work to enact criminal justice reform in the 2023 session, and he again expressed support for lowering penalties for marijuana possession.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018, but that was later rescinded.

A poll released earlier this month found that a majority of Texas voters say that the state’s marijuana laws should be “less strict.”

Also this month, Texas lawmakers filed three bills aimed at expanding research on the therapeutic benefits of psychedelics. Those measures, if enacted, would build on a modest psychedelics study law enacted last session.

Meanwhile, there’s also been a surge of local action on marijuana issues under home rule laws in Texas over recent years.

Major cities like Austin have already enacted decriminalization locally at the ballot, and voters passed the reform in five other Texas cities this past November.

San Antonio voters will see a measure on their May ballot to decriminalize marijuana, prevent the enforcement of abortion restriction laws and ban no-knock warrants.

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Photo courtesy of Philip Steffan.