Texas Cannabis - A Brief History & Local Recommendations

Ohhh Texas, my home state, and one of few states in which cannabis is still (almost) completely illegal, let alone decriminalized. As"outdated" as cannabis demonization has increasingly become, it still very much describes Texas' legislation and its suboptimal political leaders. While there is still a marathon to be run as the Texas Legislative Session comes to a close, it's important to be aware of what the possibilities are, highlight the industry leaders, and educate one another about what's going on in the lone star state.

To get a clear picture, let's do a quick Texas cannabis history breakdown:

In the early 1900s, Texas enacted its first cannabis law making the possession, sale, and cultivation of marijuana and cannabis extracts a misdemeanor and classified it as a narcotic drug. In the 1930s, cannabis possession, of ANY amount, meant a felony charge punishable by up to a year in prison; they then adopted the federal Marihuana Tax Act.

In 1973, the state repealed the mandatory minimum with Texas House Bill 447, giving judges discretion in sentencing and reducing the criminal penalties tied to most minor cannabis possession offenses. Fast forward a bit to June of 2007, then-Governor Rick Perry signed Texas House Bill 2391 which allowed police to "cite and release" for possession of up to 4 oz. of cannabis. The same harsh penalties still applied, but the offender was not immediately arrested.

It wasn't until June 2015, Senate Bill 339, better known as The Compassionate Use Act, allowed low-THC (less than 0.5% THC) cannabis treatment for a specific subset of epilepsy patients, if other qualifying conditions were met. After paying between $150-200 for your annual medical card, you can be prescribed gummies, tinctures, or capsules, but nothing to inhale. Although, thanks to the 2018 Farm Bill, Texas quickly legalized the production and sale of hemp and hemp-derived CBD products with low THC content (less than 0.3%); this opened the door up to retail hemp-derived competitors to enter the market and manufacture edible and smokeable THC & synthesized products at a legal scale. The law, however, did not change the status of marijuana, which remains illegal for recreational and most medical purposes.

More recently in 2019, Texas added additional qualifying conditions to its hemp-like "medical program", and later in 2021, House Bill 1535 would expand medical cannabis access to all cancer diagnosis and post-traumatic stress disorder (PTSD) patients and also raised the THC cap, for the first time, to 1%.

Whew, if you've made it this far, you're probably wondering how the hell Texans do it?! Well, it's the growing Texas cannabis community and how we're fighting to educate, and break the stigma on cannabis use. Big cities like Austin and San Marcos have fought to decriminalize at the city level, Austin hosts annual festivities like Reggae Fest (formerly Marley Fest) and Eeyores Birthday where those pockets of the city smell like the inside of my stash jar. While other major cities in the state have failed to make as much progress, many stay positive and climb the uphill battle that is Texas cannabis legalization.

In a recent poll done by the University of Houston:

82% of Texans support legislation that would make the use of marijuana legal for a wide range of medical purposes with a prescription;

81% of Texans support legislation that would make the penalty for the possession of small amounts of marijuana a citation, and 67% of Texans support legislation that would make the recreational use of marijuana for any purpose legal for those age 21 and older.

It's clear that Texans know what they want but year after year, Texas legislation makes little progress in paving the way for major cannabis reform.

I've seen my share of racism, sexism, and homophobia while working in the industry; unironically I've worked for people who do not consume cannabis nor are they fully educated on areas they claim to be experts at. Unfortunately some only care about being a business owner and securing a salary without a real passion for the consumer or the plant. Because of that, below I want to highlight some of my favorite Texas businesses, creators, events, and resources that I believe impact the community and show pride in cannabis activism and create a sense of safety in the Texas cannabis community. Not only do they deserve this recognition, but the people of Texas need honesty and transparency when it comes to cannabis if they ever want to see recreational legalization.

Austin

Smoke Shop: Cosmic Cowboy

Products:

The Glassmith Coffee Shop: Lazydaze

Revival

Natures Joint

Events:

MaryJae Social Club