Cannabis in Texas

Last updated

2012 pro-cannabis protest in Austin State Capital Protest.jpg
2012 pro-cannabis protest in Austin
The 2017 Houston, Texas Cannabidiol Superbowl Conference. A panel of scientists, along with 7 ex-NFL players presented a case for using CBD products. 20170201 194931-90-JohnsCBD in Houston TX.jpg
The 2017 Houston, Texas Cannabidiol Superbowl Conference. A panel of scientists, along with 7 ex-NFL players presented a case for using CBD products.

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. [1] [2] [3] Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

Contents

Medical use is allowed only in the form of low-THC cannabis oil, less than 1% THC with a doctor's approval and less than 0.3% THC without. Legislation allowing for medical use was first approved in 2015.

Prior to 1973, Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. Possession was banned statewide in 1931.

History

Early history

John Gregory Bourke described the use of "mariguan", which he identifies as Cannabis indica or Indian hemp, by Mexican residents of the Rio Grande region of Texas in 1894. He described its uses for the treatment of asthma, to expedite delivery, to keep away witches, and as a love-philtre. He also wrote that many Mexicans added the herb to their cigarritos or mescal, often taking a bite of sugar afterward to intensify the effect. Bourke wrote that because it was often used in a mixture with toloachi (which he inaccurately describes as Datura stramonium ), mariguan was one of the several plants known as "loco weed". Bourke compared mariguan to hasheesh, which he called "one of the greatest curses of the East", citing reports that users "become maniacs and are apt to commit all sorts of acts of violence and murder", causing degeneration of the body and an idiotic appearance, and mentioned laws against sale of hasheesh "in most Eastern countries". [4] [5] [6]

1915 El Paso ban

The Texas city of El Paso was the first American city to individually restrict cannabis, in 1915. The scene for this city ban was set in 1913, when a man killed a police officer in neighboring Ciudad Juarez, Mexico, while chasing an El Paso couple. [7] Chief Deputy Stanley Good of the El Paso Sheriff's Department noted over several media statements:

One under its influence is devoid of fear and as reckless of consequences or results. There are instances where the drug crazed victim has been placed in jail, but in many cases officers have been compelled to slay the fiend in order to save their own lives. ... A large percentage of the crimes committed are by men saturated with the drug... Most Mexicans in this section are addicted to the habit, and it is a growing habit among Americans. [8]

1919 Sale restricted

In 1919, legislation was enacted to prohibit the transfer of narcotics, including cannabis, for non-medical use. [9] Transfer of cannabis in this manner was made a misdemeanor crime; [10] however, possession of the drug still remained legal. [11]

1923 Further restrictions

In 1923, legislation was enacted to prohibit the possession of narcotics, including cannabis, with intent to sell. [9] As a result of this law, cannabis could no longer be purchased over-the-counter at pharmacies (only by prescription). [11]

1931 Prohibition

2015 Border Patrol seizure of cannabis in the Rio Grande Valley Rio Grande Valley Sector Agents Continue to Seize Thousands of Pounds of Marijuana (16171123344).jpg
2015 Border Patrol seizure of cannabis in the Rio Grande Valley

Possession of cannabis was banned statewide in 1931, [11] making it a felony. [12] Until 1973, it would remain classified as a narcotic with the possibility of life sentences imposed for possession of small amounts. [10]

Reforms

State level

House Bill 447 (1973)

In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses. [10] [13] Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. [14] [15] With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days. [14] The bill passed the Senate by a 24–7 vote and the House 84–58. [10]

House Bill 447 also contained a provision allowing persons serving time for cannabis offenses to be resentenced under the new law. [15] The resentencing provision was later ruled to be unconstitutional; however, by May 1974 Governor Dolph Briscoe had granted clemency to 95 of these prisoners. [10]

House Bill 2391 (2007)

In June 2007, House Bill 2391 was signed into law by Governor Rick Perry. [16] Under the law, police can "cite and release" for certain misdemeanor crimes instead of subjecting offenders to immediate arrest (though the same penalties still apply). [17] Among the offenses for which a citation can be issued is possession of up to 4 ounces of cannabis. [16] Many police departments announced they would continue to arrest for minor cannabis offenses, however. [18]

Proposed recreational legalization (2015)

In 2015 State Representative David Simpson introduced House Bill 2165 to legalize the use of cannabis for recreational purposes. A Tea Party-backed conservative, Simpson made a religious case for cannabis, stating: "I don't believe that when God made marijuana, he made a mistake that government needs to fix." In May 2015, Simpson's bill gained a majority of support in the House Criminal Jurisprudence Committee, but was not accepted to make it further on the House floor in the limited time remaining in the legislative session. [19] [20]

Limited medical use legalized (2015)

In June 2015, Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy. [21] [22] Abbott caveated his support: "I remain convinced that Texas should not legalize marijuana, nor should Texas open the door for conventional marijuana to be used for medicinal purposes." [23] The bill passed by a 26–5 vote in the Senate and 96–34 in the House. [24] [25]

House approves reduced penalties (2019)

In April 2019, the House of Representatives voted 98–43 to approve House Bill 63. [26] It sought to make possession of up to one ounce of cannabis a Class C (rather than a Class B) misdemeanor, eliminate the threat of jail time, and reduce the fine to $500. [27] The day after its passage in the House, however, Lieutenant Governor Dan Patrick announced that he would not allow a vote on it in the Senate. [28]

Legalization of hemp cultivation and delta-8-THC (2019)

In June 2019, House Bill 1325 was signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC). [29] It also legalized possession and sale of hemp-derived CBD products without need for a doctor's approval. [30] HB 1325 passed the Senate 31–0 and the House 140–3. [31]

The enactment of HB 1325 also caused an outcome that legislators did not intend. Because it changed the legal definition of marijuana from cannabis in general to cannabis containing greater than 0.3% THC, [31] many marijuana possession charges across the state were soon dropped due to a shortage of THC testing equipment available. [32] Prosecutors in the counties of Harris, Tarrant, Bexar, Travis, Williamson, and several others soon announced the dismissal of hundreds of marijuana cases and a moratorium on pursuing new charges. [33] [34]

The enactment of HB 1325 also caused the psychoactive cannabinoid delta-8-THC to become legal when produced from legally cultivated hemp. The Texas Department of State Health Services later classified the drug as an illegal substance in October 2021, [35] [36] but a November 2021 injunction from a district court judge prevented the prohibition from taking effect, until a final ruling on the matter can be made. [37]

Qualifying conditions expanded (2019)

In June 2019, Governor Abbott signed House Bill 3703 which increased the number of qualifying conditions eligible for treatment under the state's low-THC medical cannabis program. [38] Previously limited to epilepsy only, the bill added terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, and incurable neurological disorders such as Alzheimer's, Parkinson's, and Huntington's Disease. [39]

Smokable hemp banned (2020)

In 2020, Texas regulators issued a ban on the manufacture, processing, distribution, and sale of hemp for smoking purposes only. [40] [41] In response, local companies protested the ban and filed a lawsuit seeking to have it overturned. [42] [43] In September 2020, Travis County District Judge Lora Livingston granted a temporary injunction lifting the ban until the case went to trial in 2021. [44] [45] The ban was ruled unconstitutional by Judge Livingston in August 2021; [46] however, in June 2022 the Texas Supreme Court upheld the ban on the manufacturing and processing (but not sale) of smokable hemp. [47]

"Smoke a joint, lose your license" repealed (2021)

In May 2021, SCR 1 was signed by Governor Abbott to declare that Texas had formally opted out of the requirements of the Solomon–Lautenberg amendment. [48] In June 2021, SB 181 was signed to eliminate a requirement in state law that any drug conviction be penalized with a six-month driver's license suspension, [49] instead allowing judges to waive suspensions for misdemeanor offenders who do not have a drug conviction in the prior 36 months. [50] SB 181 took effect on September 1, 2021. [51]

Medical program expansion (2021)

In June 2021, HB 1535 was signed into law to raise the THC limit from 0.5% to 1% and expand coverage to include all forms of cancer and post-traumatic stress disorder (PTSD), effective September 1. [52] A version of the bill that passed the House allowed for a 5% THC limit, but it was lowered to 1% in the Senate. [53]

House approves medical program expansion (2023)

House Bill 1805 that would expand covered medical conditions and define a per-dose THC limit instead of a percentage limit was passed by the House of Representatives on April 11, 2023. [54] [55]

House approves reduced penalties (2023)

On April 27, 2023, the House of Representatives passed HB 218 by a 87–59 vote. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor with a maximum fine of $500 and no jail time. [56] [57]

County and municipal level

El Paso drug legalization resolution (2009)

In January 2009, the city council of El Paso voted 8–0 in favor of a resolution sponsored by councilman Beto O'Rourke calling for a national debate regarding the legalization of drugs as a way to reduce drug cartel violence. [58] The resolution was then vetoed by the mayor, however, [59] and an attempt to override the veto one week later failed by a 4–4 vote. [60] Members of the council had been swayed by pressure from Rep. Silvestre Reyes and several state lawmakers who warned that future allocation of federal funds to the city could be affected. [61]

Austin cite-and-release (2009)

In February 2009, the Austin Police Department instituted a policy of cite-and-release for possession of small amounts of cannabis. [62] [63] The Travis County Sheriff's Office, which encompasses a large part of the Austin metro area, had already been operating under such a policy since the end of 2007. [62]

Harris County First Chance Intervention Program (2014)

In October 2014, Harris County District Attorney Devon Anderson announced the launch of the First Chance Intervention Program. Under the program, persons possessing less than two ounces of cannabis would still be subject to arrest, but could avoid a criminal conviction by attending drug education classes or performing community service. [64] In January 2016 the program was expanded so that a citation was given instead of arrest, and all law enforcement agencies within the county were required to comply. [65]

Harris County Misdemeanor Marijuana Diversion Program (2017)

In February 2017, Harris County District Attorney Kim Ogg announced the launch of the Misdemeanor Marijuana Diversion Program that further expanded upon the reforms of the First Chance Intervention Program. Under the new program, persons possessing less than four ounces of cannabis would not face criminal charges or even be issued a citation as long as they agreed to attend a four-hour drug education class. [66] The new program also differed in that persons who had committed previous cannabis offenses would still be eligible to participate. [66] The program went into effect in March 2017. [67]

Dallas cite-and-release (2017)

In April 2017 the Dallas City Council voted 10–5 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis. [68] In October 2017 county commissioners 4–1 voted to approve the plan, [69] and it went into effect in December 2017. [70]

Bexar County cite-and-release, diversion (2017)

In September 2017, Bexar Country District Attorney Nico LaHood announced a new cite-and-release policy for persons caught with less than 4 ounces of cannabis. [71] The program also allowed cited individuals to avoid criminal charges by attending a class, paying a fine, and performing community service. [72] The policy went into effect for the Bexar County Sheriff's Office in January 2018. [73]

El Paso County First Chance Program (2017)

In October 2017, El Paso County commissioners voted unanimously to allow people caught with less than 4 ounces of cannabis to pay a $100 fine and perform 8 hours of community service in lieu of facing criminal charges. Named the First Chance Program, it only applies to people that are not caught with any other drugs. [74]

Travis County diversion program (2017)

In December 2017, Travis County commissioners unanimously approved a plan to allow persons cited for less than two ounces of cannabis to take a four-hour educational course (at the cost of $45) rather than being subject to criminal charges. [75] The policy went into effect in January 2018. [76]

Dallas County limited enforcement, diversion (2019)

In April 2019, Dallas County District Attorney John Creuzot announced that individuals caught possessing misdemeanor amounts of cannabis would no longer be prosecuted for first-time offenses. Individuals who commit subsequent offenses would be offered diversionary courses to avoid a criminal conviction. [77]

Bexar County expanded cite-and-release, limited enforcement (2019)

In May 2019, Bexar County District Attorney Joe Gonzales announced that an expanded version of cite-and-release would be implemented during the summer and apply to San Antonio Police Department as well. [78] Additionally, Gonzales announced that his office would no longer prosecute possession of less than one ounce of cannabis. [78]

Austin depenalization (2020)

In January 2020, Austin City Council voted 9–0 in favor of a resolution that effectively eliminates penalties for possessing up to 4 ounces of cannabis and directs the city manager to "take the steps necessary and appropriate to eliminate, to the furthest extent allowable under state law ... the use of arrest or other enforcement action for cannabis-related possession offenses". [79] [80] In July 2020 Austin Police Department announced that it had revised its enforcement policies to comply with the resolution. [81] The resolution along with banning the use of no-knock warrants was formalized via local ballot measure Proposition A in May 2022. [82]

El Paso cite-and-release (2020)

In May 2020, El Paso City Council voted 7–0 to adopt a cite-and-release policy for possession of less than 4 ounces of cannabis. [83] The measure directed the city manager to devise a plan to put the policy in effect by September 1. [84]

Dallas limited enforcement (2021)

In March 2021, the Dallas Police Department announced that they would cease charging people for possession of less than 2 ounces of cannabis, although under certain circumstances an individual would still be charged such as if there are any signs of intent to sell or if in possession of a firearm. [85] [86]

Plano decriminalization (2021)

In April 2021, the Plano Police Department announced that they would no longer arrest people caught with less than 2 ounces of cannabis. Instead, they may issue tickets for Possession of Drug Paraphernalia, a Class C misdemeanor. [87]

Austin and other city reforms (2022)

In May 2022, Austin voters approved Proposition A by a 85–15 margin to prevent the enforcement of cannabis laws in most circumstances in the city (though police can still confiscate the drug). [88] [89] In November 2022, voters approved similar measures in the cities of Killeen, Denton, San Marcos, Harker Heights, and Elgin. [90] However, in January 2024, Attorney General Ken Paxton sued the cities of Austin, Killeen, Denton, San Marcos, and Elgin to block the ordinances, saying in a press release that the cities had adopted "amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution". [91] [92]

Advocacy

Republican Party of Texas

In June 2018, delegates at the Republican Party of Texas 2018 convention voted to approve a set of platform planks endorsing cannabis policy reform. [93] [94] The following were approved by delegates:

In June 2022, the Texas Republican Party approved platform planks again supporting the rescheduling of cannabis but also opposing the legalization of cannabis for recreational purposes. Planks were approved that read as follows: [95] [96]

Texas Democratic Party

In June 2018, delegates at the Texas Democratic Party 2018 convention voted to approve a set of platform planks endorsing the legalization of cannabis for medical and recreational purposes. [97] [98] The following were approved by delegates:

Other

Marijuana Lobby Day was first held in Austin in 2011, when 25 people showed up to press the issue to the legislature (which meets once every two years). In 2013, 50 people attended, in 2015 there were 300, and in 2017 there were 375. [99]

Mark Stepnoski, former All-Pro offensive lineman for the Dallas Cowboys and Houston Oilers, served as president of the Texas chapter of the National Organization for the Reform of Marijuana Laws (Texas NORML) during the early 2000s. [100] [101]

Texas Cannabis Collective, a pro-legalization group, was founded in 2016. [102]

See also

Related Research Articles

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Cannabis in Colorado</span> Overview of the use and culture of cannabis in Colorado, U.S.

In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Georgia (U.S. state)</span> Legality, use and culture of cannabis in the U.S. state of Georgia

Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.

<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Iowa</span> Legality, use and culture of cannabis in the U.S. state of Iowa

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Cannabis in Idaho</span> Illegal activity

Cannabis in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.

<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in Alabama</span> Legality, use and culture of cannabis in the U.S. state of Alabama

Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.

<span class="mw-page-title-main">Cannabis in Virginia</span> Legality, use and culture of cannabis in the U.S. state of Virginia

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in Kansas</span> Legality, use and culture of cannabis in the U.S. state of Kansas

Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.

<span class="mw-page-title-main">Cannabis in Oklahoma</span> Legality, use and culture of cannabis in the U.S. state of Oklahoma

Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.

<span class="mw-page-title-main">Cannabis in Nevada</span> Legality of marijuana in Nevada

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">Cannabis in North Carolina</span> Legality, use and culture of cannabis in the U.S. state of North Carolina

Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.

<span class="mw-page-title-main">Cannabis in New York</span> Use of cannabis in New York State

Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.

<span class="mw-page-title-main">Cannabis in New Mexico</span> Overview of the use and culture of cannabis in New Mexico, U.S.

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

References

  1. "Texas Laws & Penalties". NORML. Archived from the original on July 25, 2019. Retrieved July 25, 2019.
  2. "Penal Code Offenses by Range" (PDF). Texas Attorney General's Website. Archived (PDF) from the original on November 5, 2021. Retrieved August 10, 2021.
  3. "PENAL CODE CHAPTER 12. PUNISHMENTS". statutes.capitol.texas.gov. Archived from the original on August 18, 2022. Retrieved August 23, 2022.
  4. John G. Bourke (January 5, 1984). "Popular medicine, customs, and superstitions of the Rio Grande". Journal of American Folklore. 7–8: 138.
  5. "(Record of "marijuan" sample submitted by Bourke to the National Museum, 1892)".
  6. Bourke cites an anonymous writer in the "Evening Star", Washington, D. C., January 13, 1894 for additional remarks on the use of mariguan and Jamestown weed by inhabitants of the area.
  7. Aaron Martinez (June 2, 2015). "100 years after El Paso becomes first city in U.S. to outlaw pot, debate remains the same". Elpasotimes.com. Archived from the original on March 22, 2023. Retrieved October 27, 2016.
  8. Chesey, Bob (January 9, 2014). "Stanley Good and El Paso's 1915 marihuana ordinance". Newspaper Tree. Archived from the original on April 11, 2016.{{cite news}}: CS1 maint: bot: original URL status unknown (link)
  9. 1 2 Richard Davenport-Hines (November 10, 2003). The Pursuit of Oblivion: A Global History of Narcotics. W.W. Norton. pp. 239–. ISBN   978-0-393-32545-4.
  10. 1 2 3 4 5 Marijuana: A Study of State Policies and Penalties (PDF), National Governors' Conference Center for Policy Research and Analysis, November 1977, archived (PDF) from the original on June 11, 2019, retrieved July 26, 2019
  11. 1 2 3 Marihuana: A Signal of Misunderstanding, National Commission on Marihuana and Drug Abuse, March 1972, archived from the original on February 9, 2020, retrieved July 26, 2019
  12. Fanning, Timothy (October 11, 2023). "The racist origins of San Antonio's war on marijuana". San Antonio Express-News. Retrieved October 15, 2023.
  13. Smith, Griffin Jr. (September 1973). "How the New Drug Law Was Made". Texas Monthly. Archived from the original on July 25, 2019. Retrieved July 25, 2019.
  14. 1 2 Cahill, Tim (January 3, 1974). "The New Pot Advocates: Mr. Natural Goes to Washington". Rolling Stone. Archived from the original on July 25, 2019. Retrieved July 25, 2019.
  15. 1 2 Anderson, Patrick (February 27, 1981). High In America: The True Story Behind NORML And The Politics Of Marijuana. The Viking Press. ISBN   978-0670119905. Archived from the original on February 9, 2020. Retrieved July 25, 2019.
  16. 1 2 Smith, Jordan (August 30, 2007). "Cops Given Choice Whether to Arrest for Minor Pot Possession". The Austin Chronicle. Archived from the original on March 10, 2019. Retrieved March 10, 2019.
  17. Smith, Jordan (July 25, 2008). "APD: Jail first, questions later?". The Austin Chronicle. Archived from the original on March 23, 2019. Retrieved March 23, 2019.
  18. "Texas: Cops Say They Will Continue To Jail Minor Pot Possession Offenders Despite New Law". NORML. September 5, 2007. Archived from the original on August 3, 2020. Retrieved March 10, 2019.
  19. Phillip, Abby (May 8, 2015). "Backed by the 'Christian case' for weed, legalization bill moves forward in Texas". The Washington Post. Archived from the original on November 30, 2016. Retrieved November 30, 2016.
  20. Rosenthal, Brian M. (May 7, 2015). "Texas House panel approves full legalization of marijuana - Houston Chronicle". Chron.com. Archived from the original on February 4, 2017. Retrieved November 30, 2016.
  21. "An Overview of Texas' Low-THC Medical Cannabis Program" (PDF). Texans for Responsible Marijuana Policy. Archived (PDF) from the original on September 16, 2020. Retrieved July 24, 2019.
  22. Fazio, Heather (June 1, 2015). "An Overview of Texas' Low-THC Medical Cannabis Program". Archived from the original on August 26, 2019. Retrieved July 30, 2019.
  23. Hershaw, Eva (June 1, 2015). "Abbott Legalizes Cannabis Oil for Epilepsy Patients". The Texas Tribune. Archived from the original on February 23, 2017. Retrieved November 30, 2016.
  24. Hershaw, Eva (May 7, 2015). "Senate Gives High Sign to Limited Medical Marijuana". The Texas Tribune. Archived from the original on April 28, 2016. Retrieved November 30, 2016.
  25. Batheja, Aman (May 18, 2015). "Cannabis Oil Approved for Epilepsy Patients". The Texas Tribune. Archived from the original on March 8, 2019. Retrieved March 14, 2019.
  26. Camarillo, Vicky (April 29, 2019). "In Historic Vote, Texas House OKs Bill to Soften Penalties for Marijuana Possession". The Texas Observer. Archived from the original on April 30, 2019. Retrieved April 29, 2019.
  27. Planas, Roque (April 29, 2019). "Texas House Votes To Lower Marijuana Possession Penalties". HuffPost. Archived from the original on April 30, 2019. Retrieved April 29, 2019.
  28. Moritz, John C. (April 30, 2019). "Lt. Gov. Dan Patrick: Marijuana bill is dead in the Texas Senate". Corpus Christi Caller-Times. Archived from the original on April 30, 2019. Retrieved April 30, 2019.
  29. Weixel, Nathaniel (June 11, 2019). "Texas governor signs law legalizing hemp, CBD products". The Hill. Archived from the original on July 24, 2019. Retrieved July 24, 2019.
  30. McGaughy, Lauren (June 11, 2019). "Gov. Greg Abbott signs law legalizing hemp production, CBD products in Texas". The Dallas Morning News. Archived from the original on July 4, 2019. Retrieved July 24, 2019.
  31. 1 2 McCullough, Jolie (July 16, 2019). "Hemp law has most big-city prosecutors in Texas stepping back from marijuana charges. But not in El Paso". The Texas Tribune. Archived from the original on July 24, 2019. Retrieved July 24, 2019.
  32. McCullough, Jolie; Samuels, Alex (July 3, 2019). "This year, Texas passed a law legalizing hemp. It also has prosecutors dropping hundreds of marijuana cases". The Texas Tribune. Archived from the original on July 24, 2019. Retrieved July 24, 2019.
  33. Lozano, Juan A. (July 3, 2019). "New Texas Hemp Law Causing Problems With Marijuana Cases". U.S. News & World Report. Associated Press. Archived from the original on July 4, 2019. Retrieved July 24, 2019.
  34. Autullo, Ryan (July 4, 2019). "Did Texas hemp law legalize pot? No, but marijuana cases harder to prosecute, officials say". Austin American-Statesman. Archived from the original on July 24, 2019. Retrieved July 24, 2019.
  35. Feldman, Ella Malena (November 10, 2021). "Is Delta-8 legal in Texas? For now — but confusion, frustration over state's 'clarification' abounds". Austin American-Statesman. Retrieved May 25, 2023.
  36. Reynolds, Kevin (November 8, 2021). "Delta-8 is legal in Texas — for now — after Travis County judge blocks state from criminalizing the cannabis extract". The Texas Tribune. Retrieved May 25, 2023.
  37. Munce, Megan; Menchaca, Megan (July 18, 2022). "CBD, hemp, delta-8, medical marijuana: Here's what you need to know about Texas' pot laws". The Texas Tribune. Retrieved May 25, 2023.
  38. Jaeger, Kyle (June 14, 2019). "Texas Governor Signs Bill To Expand State's Medical Marijuana Program". Marijuana Moment. Archived from the original on July 4, 2019. Retrieved July 24, 2019.
  39. Lee, Steffi; Goard, Alyssa (June 14, 2019). "Gov. Abbott signs bill expanding Texas' medical cannabis program". KXAN. Archived from the original on July 24, 2019. Retrieved July 24, 2019.
  40. Blackmon, Malen (August 6, 2020). "CBD Shops Adapt to Gov. Abbott's Confusing Ban on Smokable Hemp". Dallas Observer. Archived from the original on November 15, 2020. Retrieved November 9, 2020.
  41. Pittman, Lisa L.; Steel, Andrea (September 18, 2020). "Smokable Hemp Ban in Texas, Temporary Injunction Granted – Win for Texas Manufacturers, Processors & Retailers". coatsrose.com. Archived from the original on October 25, 2020. Retrieved October 27, 2020.
  42. Curtin, Kevin (August 28, 2020). "Retailers Fighting Ban on Smokable Hemp". The Austin Chronicle. Archived from the original on November 13, 2020. Retrieved November 9, 2020.
  43. Adlin, Ben (August 6, 2020). "Texas Lawsuit Challenges State's New Ban On Smokable Hemp". Marijuana Moment. Archived from the original on November 28, 2020. Retrieved November 9, 2020.
  44. Curtin, Kevin (September 25, 2020). "Travis County District Judge Orders Injunction Against Smokable Hemp Ban". The Austin Chronicle. Archived from the original on November 9, 2020. Retrieved November 9, 2020.
  45. Adlin, Ben (September 21, 2020). "Texas Ban On Smokable Hemp Lifted Until 2021, Judge Rules". Marijuana Moment. Archived from the original on November 15, 2020. Retrieved November 9, 2020.
  46. Jaeger, Kyle (August 23, 2021). "Texas Ban On Smokeable Hemp Manufacturing And Sales Is Unconstitutional, Judge Rules". Marijuana Moment. Archived from the original on August 26, 2021. Retrieved August 26, 2021.
  47. Vaughn, Jacob (June 27, 2022). "Smokable Hemp Can't Be Processed or Manufactured in Texas, State Supreme Court Rules". Dallas Observer. Archived from the original on June 27, 2022. Retrieved June 27, 2022.
  48. "SCR 1". texas.gov. Archived from the original on August 4, 2021. Retrieved August 4, 2021.
  49. "SB 181". texas.gov. Archived from the original on August 4, 2021. Retrieved August 4, 2021.
  50. "Bill Analysis - SB 181". texas.gov. Archived from the original on August 4, 2021. Retrieved August 4, 2021.
  51. Pinney, Leah (May 31, 2021). "2021 Bills That Are Still Moving Or Have Become Law". Texas Criminal Justice Coalition. Archived from the original on August 4, 2021. Retrieved August 4, 2021.
  52. "Gov. Abbott signs more bills, including one expanding access to medical marijuana". Austin, Texas: KVUE. June 11, 2021. Archived from the original on June 16, 2021. Retrieved June 16, 2021.
  53. Mulcahy, Shawn (June 16, 2021). "Watered-down expansion of Texas' medical marijuana program signed into law". The Texas Tribune. Archived from the original on June 17, 2021. Retrieved June 17, 2021.
  54. Adam Bennett (April 11, 2023). "Texas House passes bill expanding medical marijuana access, will now go to Senate". Houston: KHOU.
  55. Harper, Karen Brooks; Lopez, Raul Trey (April 11, 2023). "Expanded access to medical marijuana gains traction as Texas House passes bill". The Texas Tribune. Retrieved May 25, 2023.
  56. Chron, Michael Murney (May 1, 2023). "Texas House passes bill to decriminalize marijuana". Chron. Retrieved May 6, 2023.
  57. "Texas HB218 | 2023-2024 | 88th Legislature". LegiScan. Retrieved May 6, 2023.
  58. Grim, Ryan (January 14, 2009). "El Paso, Texas, Calls On Congress To Debate Drug Legalization: Dems Refuse". HuffPost. Archived from the original on March 14, 2019. Retrieved March 17, 2019.
  59. Crowder, David (January 12, 2009). "'Potheads' have sent their message; now it's time for the 'silent majority,' Mayor Cook urges in e-mail". Newspaper Tree. Archived from the original on February 24, 2012. Retrieved March 17, 2019.
  60. Smith, Jordan (January 30, 2009). "Reefer Madness: Don't Talk About It". The Austin Chronicle. Archived from the original on October 10, 2021. Retrieved March 17, 2019.
  61. Smith, Phillip (January 16, 2009). "The Border: El Paso City Council Folds in Face of Threats, Reverses Call for National Debate on Drug Legalization". stopthedrugwar.org. Archived from the original on August 11, 2020. Retrieved March 17, 2019.
  62. 1 2 Smith, Jordan (February 24, 2009). "Cite-and-Release in (Almost Full) Effect". The Austin Chronicle. Archived from the original on March 14, 2019. Retrieved March 14, 2019.
  63. Plohetski, Tony (October 19, 2008). "Austin police to begin citing, not arresting, some offenders". Austin American-Statesman. Archived from the original on October 22, 2008. Retrieved March 23, 2019.
  64. Sandridge, C. (October 1, 2014). "Harris County introduces "First Chance Intervention Program" for marijuana offenses". CW39 Houston. Archived from the original on December 30, 2015. Retrieved March 12, 2019.
  65. Rogers, Brian (November 6, 2015). "DA: Marijuana now means a citation, not a ride to jail". Houston Chronicle. Archived from the original on September 9, 2018. Retrieved March 12, 2019.
  66. 1 2 Rogers, Brian (February 16, 2017). "New policy to decriminalize marijuana in Harris County will save time, money, DA's office says". Houston Chronicle. Archived from the original on May 7, 2019. Retrieved March 12, 2019.
  67. Herskovitz, Jon (February 16, 2019). "Houston area to decriminalize some low-level marijuana possession". Reuters. Archived from the original on September 21, 2018. Retrieved March 12, 2019.
  68. Hallman, Tristan (April 12, 2017). "Got weed? In Dallas, it might not land you in jail anymore". The Dallas Morning News. Archived from the original on May 2, 2017. Retrieved March 10, 2019.
  69. Young, Stephen (October 17, 2017). "Cite-and-Release for Pot Possession Will (Finally) Start in Dallas in December". Dallas Observer. Archived from the original on February 28, 2018. Retrieved March 10, 2019.
  70. Tsiaperas, Tasha (November 22, 2017). "What happens to people caught with weed in Dallas now that 'cite and release' is in effect". The Dallas Morning News. Archived from the original on December 28, 2017. Retrieved March 10, 2019.
  71. Eaton, Emilie; Bradshaw, Kelsey (September 27, 2017). "Some offenses, such as possession of a little pot, will be handled like traffic violations in Bexar County". San Antonio Express-News. Archived from the original on March 10, 2019. Retrieved March 10, 2019.
  72. Sullivan, Jeffrey (September 27, 2017). "County to Try Tickets Instead of Jail for Marijuana Misdemeanors". Rivard Report. Archived from the original on February 18, 2018. Retrieved March 10, 2019.
  73. Bradshaw, Kelsey (January 31, 2018). "Bexar County's cite and release program for low-level marijuana possession now in effect". mysanantonio.com. Archived from the original on May 30, 2019. Retrieved March 10, 2019.
  74. Gonzalez, Maria Cortes (October 30, 2017). "Some marijuana charges could be waived for community service under new El Paso program". El Paso Times. Archived from the original on March 22, 2023. Retrieved May 18, 2020.
  75. Bernier, Nathan (December 19, 2017). "Caught With Pot? New Four-Hour Class Will Allow Some To Skip Charges". KUT. Archived from the original on February 22, 2019. Retrieved March 10, 2019.
  76. Wallis, Jay (December 20, 2017). "Travis County approves new diversion class for marijuana offenders". KVUE. Archived from the original on February 23, 2018. Retrieved March 10, 2019.
  77. Osborne, Ryan (April 11, 2019). "Dallas County's marijuana policy now as lenient as any other in Texas". WFAA. Archived from the original on April 12, 2019. Retrieved April 12, 2019.
  78. 1 2 Salazar, Maritza (May 16, 2019). "Cite-and-release program to start this summer in San Antonio, district attorney says". KABB. Archived from the original on May 21, 2019. Retrieved May 21, 2019.
  79. Jankowski, Philip (January 23, 2020). "Low-level marijuana possession no longer enforced in Austin". Austin American-Statesman. Archived from the original on January 24, 2020. Retrieved January 24, 2020.
  80. Sanders, Austin (January 24, 2020). "Council Unanimously Votes to End Low-Level Pot Enforcement". The Austin Chronicle. Archived from the original on January 25, 2020. Retrieved January 24, 2020.
  81. McCullough, Jolie (July 2, 2020). "Austin police will no longer cite or arrest people for possessing small amounts of marijuana". The Texas Tribune. Archived from the original on July 4, 2020. Retrieved July 4, 2020.
  82. Marin, Daniel (May 7, 2022). "Low-level marijuana, no-knock measures passed by Austin voters". KXAN News. Archived from the original on March 22, 2023. Retrieved May 8, 2022.
  83. Smith, Molly (May 13, 2020). "El Paso City Council establishes cite-and-release program to take effect Sept. 1". El Paso Times. Archived from the original on March 22, 2023. Retrieved May 18, 2020.
  84. Jaeger, Kyle (May 14, 2020). "El Paso, Texas Lawmakers Approve Measure To Reduce Arrests For Low-Level Marijuana Possession". Marijuana Moment. Archived from the original on May 19, 2020. Retrieved May 18, 2020.
  85. Bailey, Everton Jr. (March 2, 2021). "Dallas police will arrest fewer people found with small amounts of marijuana, chief says". The Dallas Morning News. Archived from the original on May 20, 2021. Retrieved May 20, 2021.
  86. Vaughn, Jacob (April 20, 2021). "Dallas Police Relaxes Weed Policy Just in Time For 4/20". Dallas Observer. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  87. Fox 4 Staff (April 2, 2021). "Plano police now just issuing tickets for small amounts of marijuana". FOX 4 KDFW. Archived from the original on April 3, 2021. Retrieved April 9, 2021.{{cite news}}: CS1 maint: numeric names: authors list (link)
  88. Austin, Texas Proposition A, marijuana decriminalization and prohibit no-knock warrants initiative (May 2022) Archived November 10, 2022, at the Wayback Machine at Ballotpedia, accessed 2023-03-21
  89. Kara Carlson; Ryan Autullo (May 7, 2022). "Austin voters overwhelmingly say yes to marijuana, no-knock warrant ballot measure". Austin American-Statesman. Archived from the original on March 14, 2023. Retrieved March 22, 2023.
  90. Nguyen, Alex (November 9, 2022). "Five Texas cities vote to decriminalize having small amounts of marijuana". The Texas Tribune. Retrieved March 22, 2023.
  91. Mohamed, Ikram (January 31, 2024). "Ken Paxton sues five Texas cities that decriminalized marijuana". The Texas Tribune. Retrieved February 7, 2024.
  92. "Attorney General Ken Paxton Sues Five Cities Over Marijuana Policies Preventing Enforcement of Texas Drug Laws" (Press release). texasattorneygeneral.gov. January 31, 2024.
  93. Angell, Tom (June 17, 2018). "Texas Republican Party Endorses Marijuana Decriminalization". Forbes. Archived from the original on March 10, 2019. Retrieved March 10, 2019.
  94. Britschgi, Christian (June 18, 2018). "Texas GOP Endorses Marijuana Decriminalization". Reason. Archived from the original on January 29, 2019. Retrieved March 10, 2019.
  95. Nowlin, Sanford (June 21, 2022). "Texas Republican Party's new platform opposes legalizing pot for recreational use". San Antonio Current. Archived from the original on June 24, 2022. Retrieved June 28, 2022.
  96. Jaeger, Kyle (June 21, 2022). "New Texas Republican Party Platform Opposes Marijuana Legalization But Backs Federal Cannabis Rescheduling". Marijuana Moment. Archived from the original on June 28, 2022. Retrieved June 28, 2022.
  97. Jaeger, Kyle (June 23, 2018). "More State Political Parties Endorse Marijuana Legalization". Marijuana Moment. Archived from the original on June 1, 2019. Retrieved March 10, 2019.
  98. "Texas Democratic Party 2018 – 2020 Platform". txdemocrats.org. Archived from the original on July 5, 2018. Retrieved March 10, 2019.
  99. "Texas Marijuana Lobby Day has ballooned in size — and potentially influence". The Cannabist. February 8, 2017. Archived from the original on February 20, 2017. Retrieved February 20, 2017.
  100. Donald, Mark (October 31, 2002). "Steppin' Out". Dallas Observer. Archived from the original on August 8, 2021. Retrieved August 9, 2021.
  101. McKenna, Dave (November 21, 2003). "The Grass Is Sometimes Greener". Washington City Paper. Archived from the original on March 10, 2019. Retrieved August 9, 2021.
  102. Williams, Jesse (October 8, 2021), "Meet the Texas Cannabis Collective", Texas Hemp Reporter