The Real Solution Act HB420

There has been some discussion about Representative Gutierrez’s cannabis legislation, but there has been practically no complete assessment published of such. It may be of good notion for the public to see this proposed legislation. So we’ll break this bill down in a way that everyone can understand what is mainly going on.

Definitions

Adult-use will be an individual aged 21 or older.

Cannabis will refer to the plant Cannabis Sativa L. whether living or dead, the seeds, and anything that is derived or made from the plant or seeds. This also includes concentrates. Excluded is anything that is the stalk, made from the stalk, and non-germinable seeds.

Cannabis concentrate means the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin.

There will be licensed Cannabis establishments, cannabis growers, cannabis secure transporters, and cannabis testing facilities.

Cultivation is defined at to propagate, breed, grow, harvest, dry, cure, or separating parts of the cannabis plant by manual or mechanical means. It may be of question to find out and define whether not a personal use of a herb grinder is considered cultivation by this definition.

The process is defined as separating or otherwise preparing parts of the cannabis plant and to compound, blend, extract, infuse, or otherwise make or prepare cannabis concentrate or cannabis products. So the process would be what making edibles, drinks, tinctures, and things of that like would fall under.

Protections from legal action related to cannabis

Sec. 491.051 – These are the legal protections that will be afforded to individuals, listed as authorized conduct: an adult can use, possess, and transport 2.5 ounces or flower and under and no more than 15 grams of that can be concentrates; give another adult without exchange of money 2.5 ounces of flower, of which no more than 15 grams can be concentrates; and the transfer cannot be advertised or promoted to the public. Basically you can’t post up that you are trying to sell your bud. You cannot give all of your flower or concentrate to another person for free. At some point, you have to charge money for it.

An adult can cultivate for personal use up to 12 plants on private residential premises if the cultivation takes place in an enclosed area that restricts access via security measures such as locks and is not visible to the public without the use of aircraft or optical aids.

An adult can possess, store, or process on the premises of the adult’s private residence not more than the amount of cannabis produced from plants cultivated on the premises, provided that: there are no more than 12 cannabis plants posses, cultivated, or processed on the premises at one time; and any amount of cannabis in excess of 2.5 ounces is stored in a container or area equipped with security devices that restrict access to the contents of the container/area; and 10 ounces of cannabis that was not produced from plants cultivated on the premises, provided that the amount in excess of 2.5 ounces is stored in a secured container/area as mentioned before; use possess, process, transport, or transfer to another adult without monetary payment, an amount of cannabis products specified by the rule of the commission as the allowable amount of cannabis for the purpose of this subdivision; and use, possess, transport, or transfer to another adult without payment, cannabis-related drug paraphernalia

Takeaway
This last paragraph seems to set up the Texas Commission of Licensing and Regulation to be able to restrict further down than the explicit limit mentioned earlier of cannabis trade without payment. The commission can’t go above that limit, but so far into the bill, there is nothing that keeps them from lowering the amounts as they see fit. The state also expects that you won’t have more than 2.5 ounces of cannabis just laying around outside your residence, that anything above will be safely locked away. That seems like a plentiful amount and makes one wonder which everyday run of the mill cannabis user would have over half a pound of cannabis just sitting around the outside of their house out in the open. The state wants you to lock the other cannabis amounts beyond 2.5 ounces away safely in your house. This section gives you the right to use a piper, vape pen, etc to consume your cannabis, as well the right to give those other items away for free.

Sec. 491.052. This section authorizes the conduct of Retail cannabis operations to include a cannabis grower employer/employee group, a cannabis establishment employer/employee group, cannabis secure transporter employer/employee groups, and cannabis testing facility employer/employee groups.

Sec. 491.053 This section provides protection from legal action such as arrest, prosecution, asset forfeiture, and removal of professional licensing if engaged in prior sections mentioned. It also prevents the removal of conservatorship (guardianship) or restricting access to a child for the same conduct.

Sec. 491.054 Private Property Cannabis Prohibition – a person may prohibit cannabis sales, display, processing, possession, consumption etc on property they own if it is not residential tenants being prohibited. Even residential tenant can have smoking of cannabis prohibited though, as residential prohibition other than that is not allowed.

Conduct not authorized

Sec 491.055 – you cannot operate a motor vehicle while intoxicated or violating penal code Chapter 49. One cannot smoke cannabis while driving on a public road, flying an airplane, operating a watercraft on public waterway (all rivers are this in Texas), a public place unless designated by the government as an area designated as allowing it and a person under 21 cannot access the area.

You cannot possess cannabis, consume it, or have its related paraphernalia on the premises of a public or private child care facility, Pre-K, or primary/secondary school, on a school bus serving those institutions, and on the premises of a correctional facility.

Using butane or similar extraction methods with a substance with a flashpoint below 100 degrees Fahrenheit in a public place, motor vehicle, or within the curtilage (structure and the land attached to it or supporting it) of a residential structure. Basically you can’t do an extraction in your attached or detached garage, as there is a fear of explosion that would damage the structure and result in a structural fire.

Duties of the Department

The commission is to adopt all necessary rules for enforcement and administration of this chapter to include rules to impose fees to cover administering this chapter, which can be adjusted annually for inflation. The department is to deposit fees collected to the credit of the cannabis regulation fund established in Sec 491.255.

The department will restrict dangerous pesticides, regulate packaging, restrict advertising, restrict max THC levels, etc. This section puts a very unwanted restriction of restricting THC levels sold to a consumer. Nothing would really stop the department from keeping 0.5% THC levels from being the norm. It would make home-grow the best option by a very large margin and would seriously put a dent in revenue made by dispensaries.