Traditionally, when states push to legalize marijuana on any level, they legalize it across the state. Then, some require jurisdictions to write a formal request to be part of the legalization. Others states do the opposite, and say that jurisdictions must request to opt out. Either way, the laws apply to the entire state uniformly. But Texas has decided to do things differently. One lawmaker filed a new bill to change the way marijuana legalization happens in Texas. And if passed, this new method might prove appealing in other parts of the country.

HB 3248

Representative Jessica González (D) filed HB 3248 about a week into March. The bill creates unique guidelines for how a recreational marijuana program would run within the state. Citizens over 21 can purchase and carry up to 2.5 ounces of marijuana at a time. The biggest difference is individual counties and local municipalities can decide if they accept this rule or not. So, it’s not a state-wide legalization, but an individualized decision for local communities.

This is a very different approach to legalization compared to other states. Currently in Virginia, a legalization bill would create a state-wide end to marijuana prohibition. If counties do not want to legalize marijuana, then they need to request to be removed. Otherwise, marijuana would remain legal in those counties. Other states, like Colorado, legalized marijuana. But, counties had to write in participation requests rather than exclusion. So there’s a lot of confusion around legalization in even legal states.

There are some basic guidelines to HB 3248. The state still has to decide what each jurisdiction can approve or reject. Citizens can only carry 2.5 ounces of marijuana at one time. Stores must have licenses to sell products and prove the product came from a licensed grower and producer. All sales would receive a 10 percent sales tax to them. Local governments can establish further local taxes. The revenue from the sales tax would mostly go towards the Foundation School Fund. Additional funding would go to participating local governments for oversight. Finally, there would be testing and quality control put in place with the remaining state tax revenue from sales. 

Current Regulations in Texas

Texas currently has a very limited medical cannabis program, called the Compassionate Use Act. This act allows certain disorders to use marijuana in very limited ways. It’s probably one of the most restrictive medical marijuana programs in the states that have legalized this type of marijuana. 

HB 3248 looks to build a completely different legalization program than the Compassionate Use Act. This is in order to offer more citizens chance to get ahold of the product they want. A recent poll showed that 54 percent of Texans support recreational marijuana legalization. 

Next Step

There are currently two other bills circulating around the Senate and the House in Texas. One bill had a committee hearing, but nothing else. The other bill is waiting on it’s committee hearing. HB 3248 has only been introduced to the House as a whole. It has not been assigned a committee yet for hearing. HB 3248 still has a while before it is even discussed by other lawmakers. However, many are confident that the legalization movement is beginning in the lone star state.

Texas may soon become another in a long list of states to legalize recreational marijuana use. Only time will tell how other lawmakers and citizens view HB 3248.

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