Last week, 4 bills with cannabis language passed through stages of the Texas state legislature.
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The beginning of the week saw Rep Moody’s bill on concentrates HB2593 receive a supermajority vote of 108 Yeas, 33 Nays, 2 Present, not voting. The bill would make possession of up to 2 oz of concentrates a class b misdemeanor. The House Research Organization (HRO) states: HB 2593 would remove tetrahydrocannabinol and related substances from Penalty Group 2 and place them in a new category, Penalty Group 2-B, under the Texas Controlled Substances Act. Penalties for possession of substances from the new Penalty Group 2-B would be the same as those in Penalty Group 2-A, which range from a class B misdemeanor if the substance is two ounces or less, to life in prison or a term of five to 99 years and a fine up to $50,000 if the amount of substance possessed is more than 2,000 pounds.
Right now, any amount of concentrate found in your possession is a state felony.
Rep Klick’s TCUP expansion bill HB1535 was also voted out of the House with a supermajority vote. The vote was 134 Yeas, 12 Nays, 1 Present, not voting. The bill will cover new conditions such as conditions that cause chronic pain, for which a physician would otherwise prescribe an opioid. The word acute was amended out of the bill language before the vote on the House floor. The bill also covers post-traumatic stress disorder, a medical condition that is approved
for a research program under Subchapter F, Chapter 487, Health and Safety Code, and for which the patient is receiving treatment under that program; or a debilitating medical condition designated by the Department of State Health Services under Subsection (b); and the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient.
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Rep. Zwiener’s bill HB 441, which is a re-hash of Rep. Joe Moody’s HB63 from the 2019 legislative session. The vote was 88 Yeas, 40 Nays, 1 Present, not voting. 21 members of the House were absent to include authors of the bill for the session such as Rep Steve Toth. The HRO states: HB 441 would lower the penalty for possession of less than one ounce of marijuana and require peace officers to issue citations in such cases. The bill also would prohibit arrests, authorize the expunction of records, and eliminate automatic driver’s license suspensions in such cases.
Rep. Frank’s bill HB567 is on its way to the governor. The bill passed the House with a supermajority vote of 143 Yeas, 5 Nays, 1 Present, not voting, and the Senate with Yeas 31, Nays 0. The bill will remove the ability of DFPS to remove a child on marijuana positive tests alone. The HRO states: DFPS would be prohibited from taking possession of a child based on evidence that a parent allowed a child to engage in such activities or that a parent tested positive for marijuana, unless the department had evidence that the parent’s use of marijuana had caused significant impairment to the child’s physical or mental health or emotional development. The language present in the bill on cannabis states “The Department of Family and Protective Services may not take possession of a child under this subchapter based on evidence that the parent: (4)provided or administered low-THC cannabis to a child for whom the low-THC cannabis was prescribed under Chapter 169, Occupations Code.” It is also noted in the House journal that the bill has the intent that the parent’s actions must have a negative or negligent impact on the child’s welfare to remove the child from the home.
Cannabis bills are on the move in Texas in other areas as well as Rep King’s Hemp cleanup bill HB3948, is scheduled for a 2nd reading voice vote in the House on Monday.
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