Texas Legislators Announce Plans to Legalize Cannabis in 2025

The prefiling period in Texas is open for business, so state legislators can start preparing and filing bills before the upcoming 2025 legislative session. Hot topics are already on the agenda, including another measure to legalize cannabis in the Lone Star state.

Only one day into the prefiling period, elected state officials have already proposed several cannabis-related measures aimed at legalizing adult-use cannabis, expanding the limited medical marijuana program, and placing restrictions on legalized hemp products. However, it is not the filing that matters. It is getting the measure across the finish line that counts, which has been notoriously tricky in conservative Texas.

Bills that Could Be on the 2025 Texas Legislative Agenda

Marijuana is top of mind for some Texas legislators even though the 2025 legislative session won’t begin until mid-January. Many are getting ahead and attempting to file bills to tackle numerous cannabis reform-related issues. The stakes are high because, in Texas, lawmakers meet every two years, so this session is bound to be filled with hot-button issues.

HB 1208

One of the first bills filed for the 2025 legislative session is HB 1208, a measure filed by House Rep. Jessica Gonzalez (D). The measure seeks to legalize and regulate adult-use cannabis in Texas, giving individuals the ability to legally possess up to 2.5 ounces of marijuana and up to 15 grams of cannabis concentrates. The 28-page bill would also allow adults over 21 to possess up to 10 ounces of marijuana at home if the substance gets stored in a secure location. Cannabis products would be regulated and taxed at ten percent.

HB 1146

Rep. Penny Morales (D) has introduced HB 1146, which focuses on the state’s medical marijuana program. Texas does have a legal medical marijuana program already. However, the parameters and accessibility are significantly limited. Texas is one of the largest states by square miles of land, second only to Alaska, and yet it only has three functioning medical marijuana dispensaries. The proposed measure seeks to expand access to the state’s low THC medical marijuana program and open eligibility to patients diagnosed with other “debilitating medical conditions” as defined by the Department of State Health Services.

HB 846

From the desk of Rep. Joe Moody (D), HB 846, if passed, would amend the state’s criminal code regarding the possession and distribution of cannabis, including “marihuana concentrate.”

HRJ 70

A joint resolution, HRJ 70, from Rep. Ron Reynolds would amend the state’s constitution to direct lawmakers to “authorize and regulate the possession, cultivation, and sale of cannabis for medical use in this state.”

HB 1113

While pro-cannabis reform measures are coming from democratic legislators, Republican counterparts are also introducing cannabis-reform measures. Rep. Briscoe Cain (R) is introducing HB 1113 to tighten hemp production and regulation rules. Part of the bill would also require hemp researchers to obtain a permit and create a criminal offense for cultivating hemp in Texas without a license.

SB 259

There is movement in the Senate related to cannabis reform as well. SB 259 from Sen. Jose Menendez (D) also seeks to expand the state’s low-THC medical marijuana program. The goal? Attempting to replicate the popular medical marijuana programs in other states and expand the use of medical marijuana is giving doctors and scientists the ability to dictate the conditions and symptoms that would make a patient eligible for a medical marijuana prescription.  

2025 Legislative Showdown

If you’ve been paying attention thus far, the pro-cannabis measures have come from the desks of Texas democrats, while measures targeting increased regulation and criminal penalties are coming from Republican lawmakers, setting up a 2025 showdown in the legislature. While there has been some bipartisan support for cannabis measures, previous marijuana bills to legalize adult-use cannabis and expand the state’s scant medical marijuana program have failed.

During the last legislative session, a bill to decriminalize marijuana passed the Texas House of Representatives, only to stall in the Senate, a running theme in the Lone Star state. While there is overwhelming public support for cannabis reform measures, top Republicans like Gov. Greg Abbott (R) and Texas Attorney General Ken Paxton (R) have consistently pushed back against moving the needle on cannabis reform. Paxton is using his power to sue five Texas cities that passed measures to decriminalize marijuana within their borders.

Residents in Austin, Denton, San Marcos, Killeen, and Elgin approved measures to halt arrests and citations for marijuana possession of less than four ounces. Now, these cities are facing challenges and expensive lawsuits from Paxton. Interestingly, the ordinances had significant public support, passing with as many as 82 percent of the vote in some areas.

What the Polling Says

Polling indicates there is strong public support for pro-cannabis reform in the state. However, that has yet to translate into meaningful legislation advancing the cannabis agenda. Conservative and Republican leaders and lawmakers have continued to shut down measures that would expand the state’s medical marijuana program, decriminalize simple marijuana possession, and legalize and regulate adult-use cannabis. That doesn’t bode well for the chances of passing significant marijuana reform in the 2025 legislative session since Republicans still dominate the House and Senate. Republicans expanded their majority in the House and Senate after flipping several seats, adding more far-right lawmakers to the ranks. It may be even more challenging this session for marijuana measures to get a fair shake.

Grass-roots organizations in Texas and local municipalities are making continued progress on the marijuana front. Locally, voters are turning out to support marijuana initiatives. However, without more representation at the state level, these municipal elections and outcomes will continue to be subjected to legal challenges and other hurdles.

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