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Texas Lawmakers Pre-File Marijuana Bills For 2021 Session

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On the heels of five U.S. states voting to legalize marijuana in some form last week, lawmakers in Texas are getting a head start introducing a number of cannabis-related bills for next year, including several that would legalize it for adult use.

The legalization proposals are among at least 13 pieces of marijuana legislation pre-filed by lawmakers on Monday and Tuesday for the 2021 legislative session, which begins in January. Other bills would legalize high-THC cannabis for medical use, decriminalize small amounts of marijuana and put legalization before state voters on the ballot. Another would shield consumers from existing criminal laws for marijuana possession if they reasonably expected a product to be legal hemp.

Many of the bills would usher in big changes for Texas, which currently allows only certain forms of low-THC medical marijuana to treat specific conditions, but the legalization measure is by far the most sweeping. Sponsored by state Sen.-elect Roland Gutierrez (D), SB 140 would legalize marijuana for adults 21 and older and establish a commercial cannabis industry in the state.

Much of the incoming senator’s argument so far for the bill is financial. Gutierrez, currently a member of the state House of Representatives, said Monday that the measure could eventually bring a $3.6 billion boost to the state economy.

A report last month published by the law firm Vicente Sederberg LLP estimated that marijuana legalization in Texas could produce more than $1.1 billion in state tax revenue plus millions more in licensing and other fees. The state is estimated to face a $4.6 billion deficit when the Legislature convenes next year, the state comptroller said in July.

“There is going to be a budget shortfall to affect all Texans,” Gutierrez said in a statement Monday, according to Fox 29. “In order to best serve our state, we have to look at cannabis legalization as a solution and not keep going back to the taxpayers and raise their taxes.”

Technically speaking, the bill effectively would raise taxes on the state’s current marijuana consumers, although most would probably think that’s a good trade for not being criminalized any longer. Legal sales under Gutierrez’s legislation would carry a 10 percent tax on sales, which would fund schools, border security and local law enforcement. Gutierrez said the measure could also generate “at least 30,000 high-paying jobs” in the state.

Last month, Colorado Gov. Jared Polis (D) jokingly said Texas should not legalize marijuana because he wanted tourists to come spend money in his state instead. “Make sure to consider Colorado first in any Texas decisions,” he quipped on Twitter.

Rep. Joseph Moody (D), who in past session has led efforts to decriminalize marijuana possession, is now pushing a separate broader cannabis legalization bill, HB 447.

This year, Rep. Erin Zwiener (D) will carry the decriminalization proposal, HB 441.

“This change has the opportunity to save local governments millions of dollars while keeping everyday Texans out of the criminal justice system,” she said on Twitter.

 

Monday was the first day for Texas lawmakers to pre-file legislation to be considered in next year’s legislative session, and more marijuana bills are expected to be introduced in coming weeks. Advocates are optimistic the activity means 2021 could be a big year for cannabis reform in Texas.

“We’re pleased to see a variety of cannabis related bills introduced so early in the pre-filing period,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment in an email. “Democratic and Republican lawmakers are making cannabis a priority,” she said, “which is a good sign for advocates as we prepare for the upcoming legislative session.”

The Texas Legislature only meets every other year, and in 2019 lawmakers considered a handful of major reforms, including decriminalization of small amounts of marijuana and expansion of the state’s limited medical cannabis program. By comparison, hemp, which is legal under federal law, includes all cannabis with less than 0.3 percent THC.

The cannabis decriminalization bill passed the Texas House but later died in the Senate without a vote.

The state did legalize hemp that year, however, and advocates said they felt legislators took marijuana reform more seriously than ever.

Other measures pre-filed on Monday reintroduce the subject of medical marijuana reform.

HB 43, sponsored by Rep. Alex Dominguez (D), would expand the current limited program by removing the low-THC cap and allowing doctors to recommend marijuana for any medical condition they see fit.

SB 90, sponsored by Sen. José Menéndez (D), would also remove the state’s 0.5 percent THC limit on medical products and expand the program to include post-traumatic stress disorder (PTSD), as well as any other medical condition approved by state regulators. Lawmakers in 2019 rejected repeated calls from veterans and other groups last session to add PSTD to the state’s list of qualifying conditions.

A House bill (HB 94) from Rep. Ron Reynolds (D) would introduce similar language in that chamber.

A separate joint resolution (HJR 11) from Reynolds, meanwhile, would ask state voters to decide next November whether to amend the Texas Constitution to legalize the sale and use of medical marijuana.

Another joint resolution, HJR 13, by Rep. Terry Canales (D), would ask voters to legalize the use and commercial sale of recreational marijuana. Unlike the legalization Senate bill introduced by Gutierrez, Canales’s resolution is short on specifics. Voters in 2022 would cast ballots on whether to amend the constitution “to authorize and regulate the possession, cultivation, and sale of cannabis.” Details would come later.

Two other proposals focus on reducing state penalties for low-level marijuana possession.

HB 99, from Rep. Steve Toth (R), would reduce the possession of up to two ounces of marijuana from a Class B to a Class C misdemeanor, preventing arrest and instead imposing a civil fine. Such violations would no longer prevent Texans from obtaining driving licenses or automatically cause licenses to be suspended. HB 169, filed by Rep. Senfronia Thompson (D), would similarly reduce possession of two ounces or less to a Class C misdemeanor, but it doesn’t include HB 99’s driver’s license protections.

Other decriminalization proposals that have been filed include HB 439 by Canales and SB 151 by Sen. Nathan Johnson (D).

Another bill prefiled on Monday wouldn’t affect penalties for possessing marijuana, but it would shield people who buy hemp or hemp-derived CBD products from existing criminal penalties for marijuana if those products were later found to contain too much THC.

HB 307, by Rep. Nicole Collier (D), would provide people charged with cannabis crimes an affirmative defense, allowing them to escape penalties if they could demonstrate that they reasonably thought the product was hemp. A product would need to be labeled as though it was legal hemp, and the person would need to have purchased it “from a retailer the person reasonably believed was authorized to sell a consumable help product.”

Prosecutors across Texas this year have dropped hundreds of low-level cannabis cases, due largely to difficulty in distinguishing between newly legal forms of hemp, which contain less than 0.3 percent THC, and illegal marijuana, which can be indistinguishable from hemp without laboratory testing. As the likelihood for cases to be prosecuted has dropped, arrests for simple cannabis possession have also fallen in many jurisdictions.

Meanwhile, popular support for marijuana reform, whether for medical or adult use, has only grown in recent years.

In 2018, even the state Republican Party added a marijuana decriminalization plank to its platform, although this year it was removed. The 2020 platform does still call for federal rescheduling and the expansion of the state’s medical cannabis program, however.

Polling of Texas voters, meanwhile, shows strong support for ending prohibition. A University of Texas/Texas Tribune poll published in July found that more than half (53 percent) of surveyed voters were in favor of legalizing cannabis for adult use, while another 31 percent said they would legalize marijuana only for medical purposes. Only 21 percent of those surveyed opposed reducing penalties for simple possession.

In September, state Agriculture Commissioner Sid Miller said he supported drastically expanding the state’s medical marijuana program. “If it’ll help somebody, I’m for it,” he said. “Whatever it is. I mean, a toothache, I don’t care.”

Across the country last week week, voters approved every major drug reform measure put before them, including marijuana measures in five states, decriminalization of all drugs in Oregon, and decriminalization of psychedelic plants in Washington, DC. Oregon also approved a separate measure legalizing psilocybin for therapeutic use.

The overwhelming popularity of drug reform among a largely divided electorate is already pushing other states to consider reform measures of their own, Congressman Earl Blumenauer (D-OR) told Marijuana Moment last week that the results are likely to encourage reform at the federal level.

On Monday, U.S. House Leader Steny Hoyer (D-MD) seemed to confirm that prediction by announcing that Congress will vote on legislation next month that would end federal cannabis prohibition.

This story has been updated to include additional pre-filed bills.

Congress Will Vote On Federal Marijuana Legalization Next Month, House Leadership Announces

Photo courtesy of Rick Proctor

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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Psychedelics Group Issues First Round Of Grants For Community-Based Entheogenic Education In DC

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A Washington, D.C.-based psychedelics organization has issued about $50,000 in its first round of grants for various community groups to support efforts to educate and organize people around plant medicine.

The Plant Medicine Coalition (PMC)—founded by the head of the D.C. campaign that got psychedelics decriminalization passed locally in last November’s election—dolled out grants to about a dozen groups as part of its Community Grants Program. Funding for the grants was provided by Dr. Bronner’s, a wellness company that’s been involved in a number of marijuana and psychedelics reform efforts across the country.

This is just one part of PMC’s mission to promote psychedelics reform as the movement continues to spread at the local, state and federal levels.

Arts collectives, mental health organizations and entheogenic education groups are among the new grant recipients.

Melissa Lavasani, PMC co-founder, told Marijuana Moment that the organization is hopeful about the impact of these grants—but it’s also using this opportunity to explore how to most effectively provide funding in the years to come.

“I wanted to do something really impactful that had a quick turnaround,” Lavasani said. “There are a lot of things that our organization is working on right now that are really long term, especially on the federal level.”

“We’re trying to shift a really entrenched culture and government,” she added. “It just takes a lot of grinding—meeting after meeting—and I wanted to do something important with these funds here locally because I do feel like there were a lot of loose ends” after D.C. decriminalized psychedelics.

Overall, the money from PMC will support a diversity of initiatives. There will be workshops on community building within the psychedelics movement, courses on cultivating entheogenic substances, lecture series on scientific developments related to the substances and more.

Here are some quotes from recipients on what they aim to do with the funding: 

The Madison House: “Founded by Master Life Coach H. Alejaibra Badu, The Madison House is a International Spiritual Health & Wellness Movement that stands to heal people from things that bind them mentally and emotionally. Finding freedom from the self-inflicted prison of the mind when it’s over consumed by thought. Freeing yourself from the voice inside your mind that promotes fear, self-doubt, low self-esteem, anxiety, stress, anger, and pain. Freeing yourself from the perceptions of others that leave you in bondage. Freeing your whole self and authentic being. The Madison House belief is that if you are able to be freed from the things that bind you mentally and emotionally, then you can live your life on purpose.”

Delicious Mushroom Growing: “Delicious Mushroom Growing is a project that educates DC residents about how to grow mushrooms from manure and compost substrates – Oyster, Cremini/Portabello/Button/Agaricus, and Shaggy Mane. It’s a way to teach people about how to grow fungi medicine and get themselves on a the path towards healing.”

Plant Medicine Lecture Series: “This lecture series will bring exciting speakers to D.C. to discuss the scientific, medical, and social aspects of psychedelics. The lectures will be offered in public venues, COVID permitting, and webcast as well. The events will also be excellent opportunities to meet other people in D.C. who are interested in psychedelics.”

There are additional recipients who requested not to be publicly listed but are providing “critical education of the community, integration services, as well as providing stewardship of ethical plant medicine community building,” Lavasani said.

Others are involved in “addressing abuse and predatory behaviors in plant medicine circles (a problem that’s become super prevalent lately) to provide a restorative process for healing,” she said.

While based in D.C., PMC is a national organization that hopes to build upon reform efforts that have already been accomplished and bring the issue to Capitol Hill, in part by pushing lawmakers to approve federal funding for research into the therapeutic potential of substances like psilocybin mushrooms and ayahuasca.

The group is also working to ensure the effective implementation of the city-level policy change while supporting other local activists as they push to change laws governing natural or synthetic psychedelics.

Both inside and outside of the nation’s capitol, activists are hard at work pushing for psychedelics reform.

Just last week, for example, lawmakers in a fourth Massachusetts city voted in favor of a resolution urging the decriminalization of certain entheogenic substances and other drugs.

The action comes months after the neighboring Northampton City Council passed a resolution stipulating that no government or police funds should be used to enforce laws criminalizing people for using or possessing entheogenic plants and fungi. Elsewhere in Massachusetts, Somerville and Cambridge have also moved to effectively decriminalize psychedelics.

The local measures also express support for two bills introduced in the Massachusetts state legislature this year. One would remove criminal penalties for possession of all currently illicit drugs and the other would establish a task force to study entheogenic substances with the eventual goal of legalizing and regulating the them.

Separately, Seattle’s City Council approved a resolution earlier this month to decriminalize noncommercial activity around a wide range of psychedelic substances, including the cultivation and sharing of psilocybin mushrooms, ayahuasca, ibogaine and non-peyote-derived mescaline.

In Michigan, the Grand Rapids City Council approved a resolution last month calling for decriminalization of a wide range of psychedelics.

Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month.

After Ann Arbor legislators passed that decriminalization resolution last year, the Washtenaw County prosecutor announced that his office will not be pursuing charges over possessing entheogenic plants and fungi, “regardless of the amount at issue.”

A local proposal to decriminalize various psychedelics will also appear on Detroit’s November ballot.

At the same time that local activists are pursuing decriminalization, a pair of Michigan senators introduced a bill last month to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.


Marijuana Moment is already tracking more than 1,200 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.

A bill to legalize psychedelics in California advanced through the Senate and two Assembly committees this year before being pulled by the sponsor to buy more time to generate support among lawmakers. The plan is to take up the reform during next year’s second half of the legislative session, and the senator behind the measure says he’s confident it will pass.

California activists were separately cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.

The top Democrat in the Florida Senate filed a bill last month that would require the state to research the medical benefits of psychedelics such as psilocybin and MDMA.

Earlier this year, Texas enacted a law directing state officials to study psychedelics’ medical value.

The governor of Connecticut signed a bill in June that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics. Activists in the city are also hoping to expand upon the local decriminalization ordinance by creating a community-based model through which people could legally purchase entheogenic substances from local producers.

Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee last month.

NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.

An official with the U.S. Department of Veterans Affairs also said at a recent congressional hearing that the agency is “very closely” following research into the potential therapeutic benefits of psychedelics like MDMA for military veterans.

For what it’s worth, Rep. Earl Blumenauer (D-OR), a longstanding champion of marijuana reform in Congress, said this month that he intends to help bring the psychedelics reform movement to Capitol Hill “this year.”

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

Photo elements courtesy of carlosemmaskype and Apollo.

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Feds Must Legalize Marijuana, Top Nevada Lawmaker Says (Op-Ed)

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“In Nevada, we’ve shown that it is possible to create an equitable and business friendly framework that benefits both cannabis business owners and consumers. With federal action, we can take this work to the next level.”

By Rep. Steve Yeager for Nevada Current

With gridlock at the federal level, states have truly become the laboratories of democracy—often leading on legislative policy when Congress is unable. When it comes to cannabis, these laboratories of democracy operate at breakneck speed, with 18 U.S. states legalizing it for both medical and adult “recreational” use and at least some legal use in 37 states and the District of Columbia. In a nation where even a small amount of the substance could and often did (and sometimes still does) lead to serious legal consequences, more than 100 million Americans now live in states with legalized, adult-use cannabis markets.

Nevada, of course, has been a trailblazer in legalizing cannabis and as a result, has reaped significant economic and social benefits. When the Legislature established the Cannabis Compliance Board in 2019 with a strong bipartisan majority, Nevada solidified its place as the gold standard for a well-regulated cannabis industry.

In 2021, the Legislature once again demonstrated its ability to create a more equitable and inclusive cannabis industry, securing a bipartisan 2/3 vote in each legislative chamber to pass a bill establishing cannabis consumption lounges. The lounges, set to open in 2022, will bring new jobs and enhanced tax revenue that will allow Nevada to invest more in K-12 education. In addition, Nevada’s tens of millions of tourists will finally have a place to legally consume cannabis. It is clear that Las Vegas is quickly becoming a global cannabis destination.

But despite these immense possibilities, state legalization—without change in federal law—still presents serious challenges. For instance, the lack of contemporary cannabis legislation on the federal level has made any form of traditional banking for the industry next to impossible. Cannabis business owners cannot take advantage of favorable tax provisions that help other businesses keep more of the money they make, often leading to additional investment. Even if cannabis is legal in a particular state, carrying that cannabis on to federal property or on to an airplane opens a person to arrest and prosecution by federal authorities.

Furthermore, federal employees or state employees paid through federal funding cannot partake in cannabis, medical or otherwise. Nevadans who live in federally subsidized housing cannot consume in the comfort of their homes, a prohibition that undoubtedly disproportionately impacts vulnerable communities. And business owners in the industry can never feel completely comfortable because the federal government could choose to use its police power to crack down on state level cannabis businesses.

With polls showing that two-thirds of Americans support legalization of cannabis, it is time for the federal government to legalize it. Such action will pave the way for states that have been hesitant to step out on this issue and will eliminate the current conflicts between federal and state law. Federal legalization will enable more in-depth study of cannabis by both state and federal agencies to develop a scientific standard of impairment for driving and will enable the federal government to help states with efforts to curb youth cannabis use.

Nevada has also led the way in pardoning and sealing criminal records for those convicted of low-level cannabis crimes. Those with federal cannabis convictions have no similar remedy, often preventing them from entering the job market at a time when employees have never been in higher demand. Federal cannabis legalization would open the door to cleaning the slate for criminal convictions stemming from conduct the majority of Americans now agree should not have been illegal in the first place. For both moral and economic reasons, erasing records of low level cannabis convictions is simply the right thing to do. For that to happen, cannabis must be legalized on the federal level.

In Nevada, we’ve shown that it is possible to create an equitable and business friendly framework that benefits both cannabis business owners and consumers. With federal action, we can take this work to the next level.

Steve Yeager is a Democratic state assemblyman representing District 9 in Clark County, and speaker pro tempore of the Nevada State Assembly.

This op-ed was first published by Nevada Current.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

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Texas Judge Upholds Delta-8 THC Ban In Initial Ruling, But The Fight Isn’t Over

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A Texas judge has ruled that the state’s ban on hemp products containing more than 0.3 percent delta-8 THC can remain in effect as a legal challenge moves through the process.

The cannabis company Hometown Hero filed a suit against the Texas Department of State Health Services (DSHS) last week, arguing that it improperly revised its hemp policy this month to specifically prohibit products with more than trace amounts of forms of THC other than delta-9, the most commonly known psychoactive compound in cannabis.

In a ruling dated Friday and announced on Monday, the court decided against the plaintiffs’ request to have a temporary restraining order imposed on the state. Subsequently, the hemp business said it will halt sales of certain products as it prepares for a November 5 hearing on a more consequential temporary injunction against the state.

These are just the first steps in yet another legal battle over hemp in the state following the plant’s legalization.

Delta-8 THC has surged in popularity, particularly in states with more restrictive marijuana laws. It produces intoxicating effects similar to delta-9 THC, but it can be synthetically produced by converting CBD derived from hemp. The novelty of delta-8 products has left legal loopholes, which is likely why DSHS moved to broadly prohibit products with more than 0.3 percent of any type of THC.

DSHS appears to have responded to this increased market demand and questions from hemp businesses by updating its policy with the broader interpretation of THC. Here’s what the department’s site now says:

“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”

Hometown Hero had hoped to get a temporary restraining order against DSHS to prevent it from taking action against hemp businesses that sell delta-8 THC, but now it must wait to see what comes out of next month’s follow-up hearing.

“The DSHS stance flips the hemp definition on its head,” an attorney for the plaintiffs said in court on Friday, according to Texas Cannabis Collective.

The department, for its part, says it has not made any policy change and that delta-8 THC has been statutorily classified the same as delta-9 since hemp was legalized in 2019. A spokesperson said it simply “posted the clarification below on our website in response to recent requests from hemp growers who said that there was confusion in the industry about what was allowed in consumable hemp products.”

Activists have criticized DSHS for making hemp policy decisions without affording the public a real chance to participate.

“We expect the Department of State Health Services to always operate with full transparency,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “It has been made abundantly clear that, by posting meeting notices in obscure locations, DSHS denied the public an opportunity to weigh in on proposed changes to the Controlled Substances Act.”

At the federal level, delta-8 THC has also captured the attention of agencies like the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention. Regulators at those departments recently issued warnings about products containing the cannabinoid, saying they’ve seen a significant uptick in reported adverse health effects.

FDA also announced a plan this month to us “novel” data sources like Reddit to gain a better understanding of public health issues surrounding use of delta-8 THC and other cannabinoids such as CBD.

Back in Texas, the hemp industry has become familiarized with the court system as businesses have navigated the new law.

In the same district court where this new delta-8 THC lawsuit has been filed, a judge ruled in August that Texas’s ban on the production and sale of smokable hemp products is unconstitutional.

Judge Lora Livingston ruled in favor of plaintiffs—a group of hemp businesses who sued the DSHS over a ban on the manufacturing and selling of smokable cannabis products it imposed after the crop was legalized.

An appeals court had previously modified a prior injunction and determined that regulators couldn’t enforce a ban on the sales component of the smokable hemp market. But following the August ruling, there’s a permanent injunction that bars the state from prohibiting the full range of hemp activity.

Meanwhile, Texas activists are working to enact local reforms on marijuana.

Advocates in San Marcos, Texas recently launched a campaign to put marijuana decriminalization on the local ballot in 2022.

Just to the north of San Marcos, a separate campaign attempted to put cannabis decriminalization on Austin’s ballot this November, but activists have since shifted their strategy toward putting the measure in front of voters on the May 2022 ballot. They will also target additional cities next November.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization will likely prevail where they qualify for local ballots.

This year’s legislative session in Texas saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelics for military veterans having been enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

Photo courtesy of Brendan Cleak.

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