Possessing small amounts marijuana would no longer come with the threat of jail time if a Texas Democratic representative—and the state’s Republican Party—have their way.
On Monday, the pre-filing period for the upcoming 2019 legislative session, which begins in January, kicked off, and one of the first bills put forward is a proposal to decriminalize cannabis.
“Civil penalty legislation is the first thing I’ve filed on the first day of filing for the 86th Session. There’s been an incredible swell of bipartisan support since last session, and the official Texas Republican and Democratic platforms both approve of this kind of reform now,” Rep. Joe Moody, the bill’s sponsor, said in a press release. “I’m optimistic that this will be the session we finally see smarter, fairer marijuana laws in Texas.”
In June, the Texas Republican Party adopted a platform plank endorsing marijuana decriminalization for the first time.
“We support a change in the law to make it a civil, and not a criminal, offense for legal adults only to possess one ounce or less of marijuana for personal use, punishable by a fine of up to $100, but without jail time,” the state GOP platform now reads.
Advocates believe that 2019 could finally be the year for far-reaching marijuana reform in Texas.
“The time has come for marijuana law reform,” Heather Fazio, director of Texans for Responsible Marijuana Policy, said. “Over the last several years, we’ve seen increasing support and this legislative session offers a unique opportunity for reform. Just as support for reform transcends partisan politics among Texas voters, we also see unprecedented bipartisan support at the Capitol.”
During a debate with his reelection opponent in September, Gov. Greg Abbott (R) for the first time expressed openness to marijuana law reform.
“One thing I don’t want to see is jails stockpiled with people who have possession of a small amount of marijuana,” he said.
“I would be open to talking to the legislature about reducing the penalty for [marijuana] possession of two ounces or less from a Class B misdemeanor to a Class C misdemeanor,” Abbott said.
While that would fall short of the decriminalization proposal put forth by Moody and supported by advocates, it signals that cannabis reform is now possible in the Lone Star State.
Moody’s bill would eliminate the threat of arrest, jail time and a criminal record for possessing less than an ounce of marijuana.
Several other pieces of marijuana legislation were also pre-filed on Monday, including several to expand the state’s existing very limited medical cannabis program, one of which would put a constitutional amendment on the ballot for voters to decide on in 2019.
The proposed legislation would increase the number of debilitating medical conditions that qualify for the Texas Compassionate Use Program (T.CUP). Senate Bill 90 would also allow doctors to treat medical cannabis like any other medicine. #txlege #MedicalCannabis #cannabis pic.twitter.com/38K94QHVoJ
— José Menéndez (@Menendez4Texas) November 12, 2018
This piece was updated to note that other cannabis-related bills have also been introduced.
Read: Here’s The Final 2018 Farm Bill That Will Legalize Hemp
The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.
The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.
Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation—with hemp legalization in the mix—questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry.
But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years.
Read the text of the final 2018 Farm Bill’s hemp provisions here, followed by explanatory statements from the conference committee:
Farm Bill Hemp Provisions by on Scribd
Marijuana Moment excerpted the above sections dealing with hemp from the full 807-page Farm Bill and committee explanatory documentation.
“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”
“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”
Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop.
If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.
Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop
Senate Majority Leader Mitch McConnell (R-KY) signed off on the final version of the 2018 Farm Bill on Monday…and he used a pen made of marijuana’s non-psychoactive cousin, hemp, to so do.
The senator has been the leading proponent of an industrial hemp legalization provision, which recently made its way into the final version of the wide-ranging agriculture legislation.
“Making it official with my hemp pen,” McConnell wrote in a tweet that includes video of him signing off on the proposal. “Proud to have served as conferee on Farm Bill & to fight for Kentucky priorities.”
Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUS pic.twitter.com/8ypwBebXy7
— Leader McConnell (@senatemajldr) December 10, 2018
“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to [President Donald Trump].”
The full text of the final Farm Bill legislation is expected to be publicly released on Tuesday, with votes anticipated in the House and Senate in the coming days.
Photo courtesy of Gage Skidmore.
New York Governor May Include Marijuana Legalization In Budget Proposal Next Month
New York Gov. Andrew Cuomo (D) might just go ahead and include full marijuana legalization in his budget proposal set to come out next month, Crain’s reported on Monday.
Two state lawmakers told the outlet that they’d heard rumors about the governor’s plan, which would build on his recent efforts to put legalization on the table during the next legislative session. Cuomo instructed a working group to draft legalization legislation in August after the state Department of Health came out with a report that found the pros of ending cannabis prohibition outweigh the cons.
If the historically anti-marijuana governor, who as recently as last year was calling cannabis a “gateway drug,” did put legalization in his budget proposal, it’d mean “the state could have a fiscal framework for the program as soon as April,” Crain’s reported.
What exactly that fiscal framework would look like is unclear, and Cuomo’s office declined to comment on the report. It’s possible that the budget would account for the costs of whatever legislation the working group ultimately releases; however, since the bill has yet to be released and the governor’s proposal is expected for January, that might be cutting it close.
In 2014, reform advocates expressed disappointment after Cuomo and leading lawmakers agreed to a budget deal that did not include a medical marijuana legalization bill. Months later, Cuomo signed separate medical cannabis legislation and, in the years since, the governor has grown more amenable to broader reform—especially in the heat of a contentious primary battle against Cynthia Nixon this year.
When the state does go forward with legalization, money is going to be a point of particular interest for lawmakers and advocates, as can already be seen as a debate over a proposal to use cannabis sales tax revenue for public transit in New York City intensified last week.
Photo courtesy of Zack Seward.