Draft legislative agenda for the 90th Texas Legislature, which convenes in January 2027.
Texas has the lowest patient participation in a medical cannabis program, continuing to be among the most restrictive in the country. Hundreds of thousands of Texans face criminal penalties each year for low level possession. And the legal hemp marketplace that thousands of Texas businesses and consumers depend on continues to face existential regulatory uncertainty.
Sensible cannabis policy is not a fringe issue. It is a Texas issue. Poll after poll shows majority support for reform across party lines. The Texas Cannabis Policy Center is here to make sure lawmakers hear that message loud and clear in 2027.
Decriminalization - End the Criminalization of Personal Possession
No Texan should face arrest, jail time, or a criminal record for possessing a small amount of cannabis. Prohibition leads to significant arrests, derailed lives, and a thriving unregulated market that has no mechanism for consumer protection or accountability.
Besides the immediate hardship and trauma of an arrest for low level possession, there are also life long collateral consequences like hindered access to education and employment. We want a common sense decriminalization framework that includes:
- No arrest, no jail time for possession of small personal use amounts
- Low civil fines not to exceed $100, replacing criminal penalties with a minor infraction similar to a traffic ticket (Or no penalties at all for simple possession.)
- No criminal record and no collateral consequences for low level possession
- Expungement
- No felonies for low level possession of any cannabis product including concentrated marijuana products. Many times concentrated products are small personal amounts. The penalties need to be reduced, a felony for a gummy, single serving of an edible or a few grams of concentrate are not felony worthy infractions.
- Reduced penalties across the board for possession, recognizing that criminalization has failed and disproportionately impacted Texas communities
- Keep THCA legal under any decriminalization framework. Continue to ensure that THCA maintains its current legal status with no penalties for possession.
Medical Cannabis - Strengthen and Expand TCUP
Texas’s Compassionate Use Program has made real progress, but patients and providers still face unnecessary barriers. We are pushing for the following improvements this session:
- Third-party testing: Require independent lab testing for potency and contaminants on all medical cannabis products prior to sale, ensuring patients have access to safe, consistent medicine.
- Whole-flower access: Expand TCUP to include dry herb vaporization and whole-flower products, giving patients access to the full spectrum of medical cannabis options.
- Licensing fee review and reduction: Current fees create barriers to entry and ongoing compliance. We are calling for a comprehensive review and meaningful reduction of licensing fees across the program.
- Expand provider authority: Give physicians greater discretion to certify patients, or alternatively grant DSHS the authority to add qualifying conditions administratively without requiring legislative action each session.
- Expand the license cap: Texas currently limits the number of licensed dispensing organizations. We are calling for the issuance of at least 15 additional licenses, opening the market to more Texans and creating new economic opportunities across the state.
- Patient protections: Secure gun rights, protect child custody, eliminate state discrimination (benefits, driver’s license, professional license, state employment), ensure organ transplant eligibility.
Adult Use Legalization - Our Long Term Vision for Texas
Texas Cannabis Policy Center believes every adult Texan should have the right to safe, legal access to cannabis. While adult use access will take time to achieve in Texas, we are committed to keeping this vision as part of the conversation and building the political will to make it a reality. When Texas legalizes adult use cannabis, we believe the framework should include:
- Whole flower access with natural THC available to adults 21 and older
- Edibles and drinks consistent with responsible regulatory frameworks in other adult use states
- Concentrates for adult consumers
- Home grow rights so Texans can cultivate cannabis for personal use
- A responsible regulatory framework modeled on the best practices of other adult use states, with strong consumer protections and industry accountability
- Reasonable tax rates, keeping the legal market competitive, accessible to consumers and reducing incentives for the illicit market