The 88th Texas Legislature will convene to begin on Tuesday, January 10, 2023 at noon. Prefiling of legislation began on November 14, 2022. The 140th and final day of the 88th regular legislative session, known as “Sine die” is May 29, 2023. We hope to keep this page updated with bills as they are filed in the regular session. If an 88th legislature special session does take place with cannabis bills, a separate article will be published to address the situation. Be sure to stay up to date as bills are released. Yes, the 88th Texas Legislature has began filing bills, and here they are below.
Hemp Bills
SB 264 by Sen Charles Perry – Relating to the production, sale, distribution, delivery, and regulation of consumable hemp products.
SB 321 – by Se. Charles Perry – Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.
HB 382 by Rep. Nicole Collier – Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.
HB 4918 by Rep Rosenthal – Relating to the processing or manufacturing of consumable hemp products for smoking.
Medical Cannabis Bills
Learn how to become a medical cannabis patient in Texas
SB 121 by Sen. José Menéndez – Relating to authorizing the possession, use, cultivation, distribution, delivery, sale, and research of medical cannabis for medical use by patients with certain medical conditions and the licensing of medical cannabis organizations; authorizing fees.
SB 127 by Sen. Carol Alvarado – Relating to the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for use by patients as the best available medical treatment, the licensing of medical cannabis dispensing organizations, and the registration of certain individuals; authorizing fees.
HB 1805 by Rep. Stephanie Klick – Relating to the medical use of low-THC cannabis by patients with certain medical conditions.
Learn how to become a medical cannabis patient in Texas
Criminal Penalty Related Bills
SB 87 by Sen. Nathan Johnson – Relating to the criminal penalties for possession or delivery of marihuana concentrate. This is a companion bill to HB 127 and HB 1374 .
SB 208 by Sen. Sarah Eckhardt – Relating to the criminal penalties for delivery and possession of marihuana and citations given for those offenses.
SB 645 by Sen Huffman – Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
SB 967 by Sen. Nathan Johnson – Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.
SB 814 by Sen. Creighton – Companion Bill to HB 2127
HB 127 by Rep. Terry Canales – Relating to the criminal penalties for possession or delivery of marihuana concentrate.
HB 218 by Rep. Joe Moody – Relating to the criminal and licensing consequences of certain marihuana possession, drug paraphernalia possession, and tetrahydrocannabinol possession offenses; imposing a fee.
HB 224 by Rep. Diego Bernal – Relating to removing criminal penalties for the possession or distribution of certain drug paraphernalia under the Texas Controlled Substances Act.
HB 382 by Rep. Nicole Collier – Relating to a defense to prosecution for the possession of certain consumable hemp products containing a controlled substance or marihuana.
HB 388 by Rep. Senfronia Thompson – Relating to the criminal penalty for the possession of a small amount of marihuana.
HB 513 by Rep. Metcalf – Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.
HB 520 by Rep. Gene Wu – Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.
HB 753 by Rep. Jolanda Jones – Relating to removing criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act.
HB 1200 by Rep. Ron Reynolds – Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions and the licensing of dispensing organizations and cannabis testing facilities; authorizing fees.
HB 1341 by Rep. Gene Wu – Relating to repealing certain offenses and removing certain regulations relating to the cultivation, manufacture, delivery, and possession of marihuana and cannabis.
HB 1374 by Rep. Joe Moody – Relating to the criminal penalties for possession or delivery of marihuana concentrate. This is considered a duplicate bill of HB 127 and is a companion bill to SB 87.
HB 1375 by Rep. Charlie Geren – Relating to enhancing the criminal penalties for certain repeat and habitual offenders.
HB 1467 by Rep. John Bucy – Relating to drug testing and prescription drug policies and certain legal protections for employees and independent contractors of state agencies and political subdivisions and for other persons regarding the medical use of low-THC cannabis and hemp.
HB 2107 By Rep. Briscoe Cain – Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty.
HB 2330 – This is a companion bill to SB 645
HB 2387 – by Rep. Talarico – Relating to the availability of the defense to prosecution for certain offenses involving possession of small amounts of controlled substances, marihuana, dangerous drugs, or abusable volatile chemicals, or possession of drug paraphernalia for defendants seeking assistance for a suspected overdose.
HB 2127 – by Rep. Burrows – Relating to state preemption of certain municipal and county regulation.
HB 2883 – by Rep King – Relating to checkpoints established by the Department of Public Safety at roadways entering this state from New Mexico.
Articles on Texas decriminalization and penalty reduction
Legalization Bills
SB 209 by Sen. Sarah Eckhardt – Relating to regulating the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products; authorizing the imposition of fees; requiring occupational licenses; creating a criminal offense.
HB 1831 by Rep. Talarico – Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products and the local regulation of cannabis establishments; providing for expunction of records relating to certain decriminalized conduct; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.
HB 1937 by Rep. González, Jessica – Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products and local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.
Read more about Delta-8 in Texas
Miscellaneous
HB 513 by Rep. Will Metcalf – Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty. Given that this is a penalty creation bill and increases criminal penalties involving cannabis, the following is an excerpt from the bill to get a clear idea of what this bill aims to do.
“An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the person to whom the actor delivered the controlled substance or marihuana died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person’s body any amount of the controlled substance or marihuana manufactured or delivered by the actor, regardless of whether the controlled substance or marihuana was used by itself or with another substance, including a drug, adulterant, or dilutant.”
Joint Resolutions
What is a Joint Resolution? A joint resolution is a legislative measure usable by both chambers of the Texas legislature to propose amendments to the Texas Constitution. Each joint resolution requires a super majority in both chambers of the legislature to be adopted. The joint resolution does not require action by the governor. Before becoming effective as an amendment to the Texas Constitution, the resolution must be also approved by the voters of Texas.
SJR 22 by Sen. Sarah Eckhardt – Proposing a constitutional amendment to direct the legislature to authorize and regulate the possession, cultivation, and sale of cannabis.
HJR 89 by Rep. Mihaela Plesa – Proposing a constitutional amendment to direct the legislature to authorize and regulate the possession, cultivation, and sale of cannabis. The Senate Companion bill is SJR 22 by Eckhardt, HJR 91 by Canales is a duplicate. Plesa has been interviewed by TCC, read more here.
HJR 91 by Rep. Terry Canales – Proposing a constitutional amendment to direct the legislature to authorize and regulate the possession, cultivation, and sale of cannabis.