Decriminalization
of marijuana in Texas is back on the table as nearly a half dozen bills
related to the drug’s use were filed on Monday for the 86th legislative
session.
Recreational
and most medical uses of marijuana are still prohibited in the state,
the exception being low-THC cannabis for qualifying intractable epilepsy
patients under the Texas Compassionate Use Program.
Marijuana
advocates, who have been pushing for decriminalization and an expansion
to the medical program, have gained greater bipartisan support in
recent years, said Heather Fazio, director of Texans for Responsible
Marijuana Policy.
Lawmakers filed hundreds of bills Monday in advance of the deadline.
Cannabis
advocates championed two bills in particular: House Bill 63, which
proposes a civil penalty for less than an ounce of marijuana possession
instead of arrests, convictions or a criminal record; and Senate Bill
90, which aims to allow more medical conditions to qualify for the
state’s medical program, as well as offer greater protections to
registered medical professionals prescribing the drug.
Rep.
Joe Moody (D-78) who authored House Bill 63 noted the “swell of
bipartisan support” for decriminalization of marijuana in the state.
“I’m
optimistic that this will be the session we finally see smarter, fairer
marijuana laws in Texas,” Moody said in a statement.
Earlier
this year the Republican Party of Texas updated its official platform
to support making it a civil rather than criminal offense to possess
less than an ounce of marijuana. They called for a fine of up to $100,
without jail time. And during a debate with Democratic challenger Lupe
Valdez this year, Gov. Greg Abbott said he was open to dropping the
punishment of 180 days of jail and a $2,000 fine to just a $500 fine for
possession of less than 2 ounces.
The
public Republican shift towards more lenient marijuana laws has some
advocates feeling confident in efforts to protect recreational use of
the drug as well as those who rely on it for medicinal purposes.
State
Sen. Jose Menendez (D-26), who authored Senate Bill 90, said “doctors,
not politicians, should determine what is best for Texas patients.”
In
his bill, Menendez calls for a major expansion of the state medical
cannabis program to include diagnoses such as PTSD, cancer, multiple
sclerosis and more.
“Patients
should not be arrested for using a medicine that is legal in every
state that borders Texas, including conservative states like Oklahoma
and Arkansas,” Menéndez said in a statement.
Yet
Abbott has been less supportive of expanding the existing medical
cannabis program, expressing concern over abuses of an expanded program.
Jackson
County Sheriff, A. J. Louderback, who serves as the legislative
director for the Sheriffs’ Association of Texas, echoed Abbott’s
concerns arguing that medical programs in other states, and marijuana
legalization in general, has led to spikes in crime and “devastating
social losses.”
Since
2014, around the time Colorado legalized recreational marijuana use,
crime in the state has increased. In Denver in particular, the 2016
crime rate increased 4 percent, with violent crime up 9 percent.
Yet Colorado and Denver law enforcement officials can’t say whether the crime hike is tied to marijuana legalization.
“[Property
crime is] the biggest driver of our [overall] crime, and of our
increases. So, can you attribute that to marijuana? I don’t think you
can,” Denver Police Commander James Henning, told CNN.
For
her part, Fazio of Texans for Responsible Marijuana Policy, remains
undeterred in her optimism for significant marijuana reform in Texas
next year.
“The time has come for prohibition to be repealed,” Fazio said.
The 86th Legislative session begins Tuesday, Jan. 8.
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