{"id":47421,"date":"2021-04-30T09:41:53","date_gmt":"2021-04-30T17:41:53","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/04\/30\/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate\/"},"modified":"2021-04-30T13:45:41","modified_gmt":"2021-04-30T21:45:41","slug":"texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/04\/30\/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate\/","title":{"rendered":"Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate"},"content":{"rendered":"<p><img loading=\"lazy\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2021\/04\/MM_Bill_Tracker_V5_blank-27.jpg\" width=\"1500\" height=\"1500\"> <\/p>\n<p>The Texas House of Representatives on Friday approved a bill to decriminalize marijuana possession, sending it to the Senate.<\/p>\n<p>The action rounds out a <a href=\"https:\/\/www.marijuanamoment.net\/texas-house-votes-to-decriminalize-marijuana-and-expand-medical-cannabis-system\/\" target=\"_blank\" rel=\"noopener\">busy week for cannabis reform in the chamber<\/a>, where members have also advanced legislation to expand the state\u2019s medical marijuana program, reduce penalties for possessing cannabis concentrates and require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA.<\/p>\n<p>In a 88-40 vote, the House approved HB 441, which would make possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time. The legislation, sponsored by Rep. Erin Zwiener (D), would also end the threat of being arrested for low-level possession and give people the opportunity to avoid a conviction by providing for deferrals and dismissals.<\/p>\n<p>While decriminalization bills sometimes impose a civil penalty or infraction for possession, rather than a misdemeanor, this <a href=\"https:\/\/capitol.texas.gov\/BillLookup\/History.aspx?LegSess=87R&amp;Bill=HB441\" target=\"_blank\" rel=\"noopener\">measure<\/a> generally meets advocates\u2019 definition of decriminalization because a class C misdemeanor does not involve incarceration as a punishment. Instead, people who commit the offense face a $500 fine.<\/p>\n<p>If the person pays the fine and enters into a plea of no contest or guilty, their case would be automatically deferred for one year. Then, if the judge\u2019s orders are followed, they would avoid a criminal record.<\/p>\n<p>\u201cTexas cannabis bills are on the move and it\u2019s exciting to see bipartisan support for HB 441, which has been carefully crafted to eliminate the threat of arrest and jail time for marijuana possession,\u201d Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. \u201cAdvocates are already gearing up for action in the Senate. If given a fair shot, HB 441 could earn enough support to pass into law.\u201d<\/p>\n<p>The\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/texas-lawmakers-approve-marijuana-decriminalization-bill\/\" target=\"_blank\" rel=\"noopener\">House approved a cannabis decriminalization bill<\/a>\u00a0in 2019,\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/marijuana-decriminalization-bill-isnt-dead-in-texas-key-senate-chairman-clarifies\/\" target=\"_blank\" rel=\"noopener\">but it did not advance<\/a>\u00a0in the Senate that session.<\/p>\n<p><strong>\u2014<br \/>\n<strong>Marijuana Moment is already <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">tracking more than 1,000 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. <a href=\"https:\/\/www.patreon.com\/marijuanamoment\" target=\"_blank\" rel=\"noopener\">Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong><br \/>\n<a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\"><img loading=\"lazy\" class=\"alignnone wp-image-9128 size-medium\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2021\/04\/MM_Bill_Tracker_V5_blank-26.jpg\" alt=\"\" width=\"300\" height=\"300\" \/><\/a><br \/>\n<strong>Learn more about our <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">marijuana bill tracker<\/a> and become a <a href=\"https:\/\/www.patreon.com\/marijuanamoment\/\" target=\"_blank\" rel=\"noopener\">supporter on Patreon<\/a> to get access.<br \/>\n\u2014<\/strong><\/strong><\/p>\n<p>Advocates have closely followed the House this week as lawmakers took up a series of reform proposals. And while they\u2019ve pointed to areas where various pieces of legislation could be improved, they\u2019ve been encouraged to see the chamber advance each measure that\u2019s come before them.<\/p>\n<p>A separate medical cannabis expansion proposal was given final passage in the House in a 134-12 vote on Thursday, sending it to the Senate. It would add cancer, chronic pain and post-traumatic stress disorder (PTSD) as conditions that could qualify people for the state\u2019s limited medical cannabis program. The bill <a href=\"https:\/\/www.marijuanamoment.net\/texas-lawmakers-unanimously-approve-medical-marijuana-expansion-bill-in-committee\/\" target=\"_blank\" rel=\"noopener\">passed in the House Public Health Committee<\/a>\u00a0earlier this month.<\/p>\n<p>The\u00a0<a href=\"https:\/\/capitol.texas.gov\/BillLookup\/History.aspx?LegSess=87R&amp;Bill=HB1535\" target=\"_blank\" rel=\"noopener\">legislation<\/a>\u00a0would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.<\/p>\n<p>On Wednesday, the chamber approved an additional bill\u00a0 that would create a new drug schedule for products containing THC that would carry slightly lower penalties compared to where they are currently classified. But possession of up to two ounces of concentrates would still be a class B misdemeanor that does still carry the threat of jail time. The bill\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/texas-lawmakers-approve-marijuana-decriminalization-bill-in-committee\/\" target=\"_blank\" rel=\"noopener\">cleared the House Criminal Jurisprudence Committee<\/a>\u00a0earlier this month.<\/p>\n<p>Lawmakers this week also sent Gov. Greg Abbott (R) a <a href=\"https:\/\/capitol.texas.gov\/BillLookup\/History.aspx?LegSess=87R&amp;Bill=HB567\" target=\"_blank\" rel=\"noopener\">bill<\/a> to clarify that a positive marijuana test alone is not sufficient criteria for removing a child from their home.<\/p>\n<p>Earlier this month, the House Agriculture and Livestock Committee also approved <a href=\"https:\/\/capitol.texas.gov\/BillLookup\/History.aspx?LegSess=87R&amp;Bill=HB3948\" target=\"_blank\" rel=\"noopener\">legislation<\/a> that would make certain changes to the state\u2019s hemp program, including imposing rules related to the transportation and testing of consumable hemp products. That bill is slated for floor consideration on Monday.<\/p>\n<p>But all of these proposals face an uphill battle in the Senate, where it remains to be seen whether legislators will have the same appetite for reform or what kind of changes they might push for in any particular bill. Lt. Gov. Dan Patrick (R), who presides over the Senate, has killed prior efforts to enact cannabis reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.<\/p>\n<p>For example, shortly after the House approved a decriminalization bill in 2019, Patrick declared the measure \u201cdead in the Texas Senate,\u201d stating that he sides with lawmakers \u201cwho oppose this step toward legalization of marijuana.\u201d<\/p>\n<p>That same year, a spokesperson for the lieutenant governor was asked about a medical cannabis expansion bill and reiterated that he is \u201cstrongly opposed to weakening any laws against marijuana [and] remains wary of the various medicinal use proposals that could become a vehicle for expanding access to this drug.\u201d<\/p>\n<p>That\u2019s all to say that, unless Patrick has a change of heart on the issue, there\u2019s still a risk that he could singlehandedly quash the reform measures. But other legislative leaders do seem to be warming on the policy.<\/p>\n<p>House Speaker Dade Phelan (R) said during a Texas Young Republicans event last month that while he wouldn\u2019t be able to distinguish marijuana from oregano,\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/top-texas-lawmaker-reaffirms-support-for-medical-marijuana-and-decriminalization-at-youth-gop-event\/\" target=\"_blank\" rel=\"noopener\">he said, \u201cI understand the issue.\u201d<\/a><\/p>\n<p>The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a \u201csister with severe epilepsy, and small amounts of CBD oil makes a big difference in people\u2019s lives.\u201d<\/p>\n<p>Phelan also noted that he was a \u201cjoint author\u2014no pun intended\u201d of cannabis decriminalization legislation last session.<\/p>\n<p>\u201cI was able to go back home and explain it, and it wasn\u2019t a big deal,\u201d he said. \u201cTo me, it\u2019s a reasonable criminal justice reform issue.\u201d<\/p>\n<p>Texans\u2019 support for legalizing marijuana has\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/texas-voters-support-for-legalizing-marijuana-is-increasing-new-poll-shows\/\" target=\"_blank\" rel=\"noopener\">grown significantly over the past decade<\/a>, according to a poll released last month.<\/p>\n<p>Sixty percent of state voters now back making cannabis legal \u201cfor any use,\u201d the University of Texas and Texas Tribune survey found. That compares to just 42 percent who said the same back in 2010.<\/p>\n<p>And while Patrick\u2019s record on the issue is a source of concern for advocates, he and other legislative leaders\u00a0have recently indicated that they anticipate more modest proposals to be <a href=\"https:\/\/www.marijuanamoment.net\/top-texas-lawmakers-say-medical-marijuana-expansion-is-on-the-table-for-2021\/\" target=\"_blank\" rel=\"noopener\">taken up and potentially approved this session<\/a>, particularly as it concerns expanding the state\u2019s limited medical cannabis program.<\/p>\n<p>Patrick said flatly, \u201csure, that will be looked at this session\u201d when asked about the prospect of expanding access to medical marijuana in January.<\/p>\n<p>\u201cWe\u2019re always listening on the health issues, but we\u2019re not going to turn this into California,\u201d he said, \u201cwhere anybody can get a slip from the doctor and go down to some retail store and say, \u2018You know, I got a headache today so I need marijuana,\u2019 because that\u2019s just a veil for legalizing it for recreational use.\u201d<\/p>\n<p>Phelan said he thinks \u201cthe House will look at\u201d reform measures this year, including bills to legalize for adult use. He said the lawmakers will likely \u201creview those again, and some will get traction, some will not.\u201d However, the Senate remains an obstacle for comprehensive reform.<\/p>\n<p>Legislators in the state\u00a0<a href=\"https:\/\/www.marijuanamoment.net\/texas-lawmakers-pre-file-marijuana-bills-for-2021-session\/\" target=\"_blank\" rel=\"noopener\">prefiled more than a dozen pieces of cannabis legislation<\/a>\u00a0ahead of the new session. That includes bills that would legalize recreational marijuana, allow high-THC cannabis for medical use and decriminalize low-level possession of marijuana.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"XgcobPnSXF\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/legal-marijuana-has-strong-support-in-louisiana-polls-including-one-commissioned-by-top-gop-lawmaker\/\" target=\"_blank\" rel=\"nofollow noopener\">Legal Marijuana Has Strong Support In Louisiana Polls\u2014Including One Commissioned By Top GOP Lawmaker<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p>The post <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate\/\" target=\"_blank\">Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate<\/a> appeared first on <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate\/\" target=\"_blank\" rel=\"nofollow noopener\">Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Texas House of Representatives on Friday approved a bill to decriminalize marijuana possession, sending it to the Senate. The action rounds out a busy week for cannabis reform in the chamber, where members have also advanced legislation to expand the state\u2019s medical marijuana program, reduce penalties for possessing cannabis<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/04\/30\/texas-house-passes-marijuana-decriminalization-bill-sending-it-to-senate\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":47422,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/47421"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=47421"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/47421\/revisions"}],"predecessor-version":[{"id":47423,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/47421\/revisions\/47423"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/47422"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=47421"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=47421"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=47421"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}