With a state budget devastated by the coronavirus, some Democratic lawmakers are hoping the economic crisis could become an opportunity to coax Texas into joining a growing number of states opting to legalize — and tax — recreational marijuana use.
The chances are slim.
State Sen. Roland Gutierrez of San Antonio and state Rep. Joe Moody of El Paso filed bills this week in advance of the 2021 legislative session that would legalize, regulate and tax personal cannabis use. State Rep. Terry Canales of Edinburg has proposed putting the question of legalization to Texas voters.
The coronavirus pandemic has blown a $4.6 billion hole in the state budget, according to the comptroller’s latest estimate, and the lawmakers argue that a legal marijuana industry could bring in hundreds of millions in tax revenue and create tens of thousands of jobs.
Voters in more and more states, they note, have legalized recreational cannabis use, including four more this month bringing the total to 15.
At the same time, marijuana arrests and prosecutions across Texas have been plummeting, largely because a bill passed last year that legalizes hemp has thrown prosecutions into disarray, and some cities have already eased off on pursuing small pot cases.
“As we see a number of states engaging around the country in a retail market, this is no longer an experiment,” Moody said. “It is also no secret that we are heading into some rough economic waters and we need to explore every possible revenue stream.”
But changes to marijuana laws still face powerful opposition at the Texas Capitol. The handful of legalization proposals filed in recent years have received little to no attention from lawmakers. And even less controversial measures, like lowering criminal penalties for marijuana possession, have fallen flat in the Texas Senate. With Lt. Gov. Dan Patrick, a staunch conservative, at the helm of the upper chamber, it remains unlikely that a legalization bill will make it out when the Legislature reconvenes in January.
In 2019, Patrick said he and other Senate Republicans opposed the bill that would have lessened penalties for possession, calling it a “step toward legalization of marijuana.” A spokesperson for Patrick did not respond to questions on his current stance on legalization efforts. Nor did state Rep. Dade Phelan, a Beaumont Republican expected to be the next House Speaker, or a spokesperson for Gov. Greg Abbott.
Gutierrez and Moody recognize the powerful opposition to legalization in the Senate. And Moody said while the Republican-majority House overwhelmingly passed a bill in 2019 to lessen penalties, many have still resisted legalization. But given the state of the economy and more states following the trend to legalize and tax cannabis, they said action was needed.
Gutierrez estimated Tuesday that legalization could create up to 30,000 Texas jobs, and Moody said the legislation could “add hundreds of millions of dollars in revenue, if not billions.” A recent analysis by a cannabis law firm said if Texas taxed cannabis similarly to Colorado, the state could take in more than $1.1 billion dollars per biennium.
Senate Bill 140 and House Bill 447 would both legalize the possession of up to 2.5 ounces of cannabis by anyone over the age of 21. For concentrates, the limit would be 15 grams. Texans would also be able…
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