Don’t Hold Your Breath on SJR 8: Why Recreational Cannabis Is Still a Pipe Dream in Texas

Even if only one state recreationally legalized cannabis in the 2018 midterm elections and the predicted “blue wave” didn’t fully come into fruition, a “green wave” came very much into existence that night. Almost a dozen newly elected gubernatorial candidates who campaigned on pro-legalization promises, from JB Pritzker of Illinois to Ned Lamont in Connecticut and Michelle Lujan Grisham in New Mexico, won their elections.

Many other governors with previously held anti-legalization views who won their re-elections, New York governor Andrew Cuomo most notably, have since changed their views suddenly. Regardless of whether it’s just a ploy to keep winning future elections or because they can envision cannabis legalization being a benefit to their state, having the new influx of  pro-legalization governors will result in monumental cannabis change on a national scale.

However Texas, as this otherwise lovely state usually does, will remain more than fashionably late to the party of recreational cannabis.

The past several Legislative sessions in Texas have been a killing field for nearly all cannabis-related legislation. Although in the 2019 session, there may be a sliver of hope. A notorious prohibitionist, Texas governor Greg Abbott said in clear English during the gubernatorial debate with Lupe Valdez last year that he would be interested in decriminalization efforts and maybe a hint at expansion of the cruelly restrictive “medical marijuana” program known as Texas Compassionate Use Act.

On top of that, ten of the neverending number of bills that have been filed for the 2019 Legislative Session are cannabis-related and address decriminalization and medical expansions directly.

House Bill 63 and Senate Bill 90, filed by Texas Democrats Representative Joe Moody and state Senator Jose Menendez respectively, would both lessen criminal penalties for possession of small amounts and expand medical cannabis access. Although they’re not one monolithic group that all shares the same opinions on everything, the politically dominant Texas Republican Party also endorsed medical cannabis and decriminalization at their 2018 convention. And Representative Moody’s appointment to Speaker Pro Tempore of the House certainly doesn’t hurt either.

All of the examples above could result in a great future for medical cannabis in Texas. However, when it comes to full legalization in Texas, Willie Nelson has a better chance of passing on a joint than The Lone Star State has of passing recreational cannabis legislation.

From its description on the Texas Legislature’s website, state Senator Jose Rodriguez’s Senate Joint Resolution 8 would “propose a constitutional amendment to authorize and regulate the possession, cultivation, and sale of cannabis. (1)”

Given that there’s no indication of whether the bill is medical or recreational, this discrepency could cause a situation where some legislators have issues with legal phrasing from the get-go. And if the confusing bill were to move into the House or Senate, the Republican Party’s sway is simply too powerful in Texas. Not to mention the super majorities in both chambers needed to pass.

The group has never been known for their support of cannabis in Texas, so the endorsements at the Texas Republican Party convention last year showed huge progress. However, given the party’s previous voting history on cannabis, lightning isn’t likely to strike twice unfortunately.  

In the governor’s mansion, Abbott has yet to change his views on recreational cannabis. Only seconds after he mentioned his newfound support for decriminalization and potential medical expansion in the debate, Gov. Abbott spoke about the “abuses” of cannabis in other states.  

Until all the previous groups support full recreational legislation, I just don’t see a future where any Texan can go to a dispensary on Henderson Avenue and get an eighth of blueberry kush anytime soon. Texans hopefully won’t have to worry about their entire futures being destroyed because they got caught with a half-smoked blunt. Those who currently use cannabis illegally only because they have an ailment, can finally relax and use it in full accordance of the law.

Sadly though, it’ll be years until The Lone Star State has millions in tax revenue to either give to raise the salaries of the much deserved educators in Texas public schools or social programs in the city. Either that or work on I-35, because not too surprising to anyone who’s spent at least five minutes on it knows, that particularly hellish highway needs some repairs done.