The Status and Impacts of House Bills 63 and 1365: An Interview with Texans for Responsible Marijuana Policy Director Heather Fazio

The 2019 Texas Legislative Session has become arguably the most vital session for cannabis reform statewide in the state’s history. Every cannabis-related measure short of full recreational legalization, from decriminalization in smalls amounts to medical expansion and even industrial hemp production, has been debated fiercely in Austin and quite a few have a possibility of becoming law.

The hundreds of cannabis advocates from a number of organizations is a refreshing and hopeful sight against multiple police organizations with differing opinions on cannabis reform based on their previous press conference. Even if unfortunately no cannabis-related measures are passed during this session, the sheer number of deeply emotional and fact-based testimonies will hopefully be a waking call to legislators for the 2021 Session.

One of the most high profile and experienced advocates is the Director of Texans for Responsible Marijuana Policy Heather Fazio. During the 2019 Legislative Session, Fazio has attended all types of committee meetings and press conferences while keeping thousands in the loop with immediate yet detailed updates on the legislative movements of Texas Legislature.

Fazio gave us the honor of speaking directly to Texas Cannabis Collective for a rundown of what the next steps are in the legislative processes are for House Bills 63 and 1365 as well as how cannabis-using Texans could benefit from the passing of these bills.

JK: What are the next legislative steps of HB 63 and HB 1365?

HF: They were both voted favorably out of their committees and House Bill 63 is currently in the hands of the Calendars Committee. The next step would be for that committee to approve the bill being added for a debate and a vote by The House of Representatives. For HB 1365, this bill has been voted out of Public Health Committee and there were some changes to the bill. The next step would be for the bill to officially transferred to the Calendars Committee so it can be scheduled for a debate and vote.

JK: Particularly with HB 1365, how could Texans who medicinally use cannabis benefit from the passing of this bill?

HF: The bill establishes the Cannabis Therapeutic Research Program and Review Board. It takes decision making out of the hands of the Legislature so that advocates don’t have to go back to the capital every two years. We would work with the Review Board to add qualifying conditions and increase THC level that is available to patients. There are also a number of qualifying conditions being added including cancer, PTSD, autism and severe intractable pain.    

JK: WIth HB 63, how drastically would the criminal justice system in Texas change if the bill passes and low-level possession of cannabis becomes decriminalized?

HF: Well currently over 13 percent of arrests made in Texas are made for marijuana. That means 13 percent of resources are being diverted to marijuana cases when in reality our law enforcement officers, our prosecutors and our judges should be focused on real crimes and serving justice to victims of real crimes. This would have a huge impact to facilitate justice in our communities and a tremendous impact on the lives of individuals. Texas arrested 66,000 people in 2017 over marijuana. This means that they were 66,000 arrest records created, 66,000 times where people had to go to jail, 66,000 times our jails were being burdened with the cost of incarcerating individuals with marijuana possession. According to DPS, ⅔ of those arrests lead to convictions. We’re talking about over 40,000 convictions every year and a permanent criminal record. The reason this legislation is important is because of the collateral consequences that come with a criminal record.  Hindered access to education, employment and housing to name a few.

Meanwhile, we’re experiencing budget shortfalls and trying to find ways to raise taxes at the state level. This legislation is good public policy. It doesn’t legalize marijuana but it does make the penalties much more reasonable where a defendant would pay a simple fine rather than go to jail.

JK: What should Texans who support cannabis reform and medical expansion do to continue their vocal support of these bills?

HF: Calling and emailing both your representative and state senator about these bills in favor of this reform. If you have a personal experience that has contributed to your perspective on this issue including personal information. A personal appeal is very important for these legislators to know about their constituents. But help people as well and help them identify who their legislators are.

Right now we (Texans for Responsible Marijuana Policy) have an action set up called the “Texas Two Step”. You identify who your legislators and we have a script that you can use when you call your legislator’s office to keep it simple. All of our supporters can turn their friends, their neighbors and family members into supporters as well by giving them the tools they need to become advocates.”