It’s safe to assume that the 2021 Legislative Sessions for all states will be the most unusual, unprecedented and unpredictable in each state’s respective history. Unlike during the 2019 Sessions where the biggest obstacle in a successful outcome for lobbyists and advocates was political ugliness and drama, the 2021 Sessions are being held during a historically turbulent time in our country’s already turbulent history.
The COVID-19 pandemic is celebrating its first birthday. The milestones are of the virus only getting grimmer. Social distancing, crowd limits, and facial coverings being the norm, many of the in-person activities of advocacy are either impossible or severely limited. Attending hearings and committee meetings, having private individual and group meetings with whichever representatives are available, getting interviews from the press, hosting public demonstrations that correspond with a certain viewpoint on an issue and so much more have been canceled or limited to a point that makes many of the aforementioned activities unable to be completed.
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On top of the ongoing pandemic, most 2021 Legislative sessions are being held in the wake of the despicably un-patriotic insurrection and blatant attempted coup committed upon the Capitol Building by thousands of rabid fans of the previous bombastic president who took his election loss as well as I took losing in Super Smash Bros when I was 6. And I played with Donkey Kong, so the loss was especially bitter.
Because there were threats leading up to President Biden’s inauguration that all 50 state capitals were potentially under attack, security during the first few days of Texas 2021 Legislative Session appeared more reminiscent of a military base. Anyone attending was met by dozens of National Guard members, completely suited head to toe and ready to deal with any wacky attempted insurrection hijinks.
During this trying time however, our nation’s heroes who now advocate for cannabis have adapted to this most uncertain and altered battlefield.
Texas Veterans for Medical Marijuana (TVFMM) and their founder, David Bass, had grand plans for the 2021 Session. Their conference in October to rally veterans and their planned marches in the Austin and New Braunfels Veteran’s Day Parade would’ve all made statements that would be as hard to ignore as the press conferences and demonstrations done by cannabis advocates.
However as veteran cannabis advocates always do, TVFMM has found a way. In collaboration with other Texas cannabis advocacy groups, they’ll be doing everything from sending out action alerts for bills that veterans may be able to participate in the discussion of. And while occupied displays are prohibited, unmanned displays inside the Capitol are allowed. Although the exclusion of the Veterans Lobby Day was unavoidable, Bass and his fellow veterans hope to organize a similar event outside the Texas Capitol building and have a press conference.
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But with the large scale issues caused by the pandemic affecting all walks of life and functions of government, Bass is a bit concerned that other matters will be discussed and take priority over cannabis. Even still, Bass takes comfort in the fact that advocate’s efforts haven’t gone unnoticed or meaningless.
“Marijuana arrests in Texas have gone down according to the DPS numbers. In 2019, total marijuana arrests were 95,000 arrests and it looks like the number for 2020 is going to be right around 36,000. The arrest rate has been cut by two thirds, and that’s due partially to the Hemp Bill, but also to District Attorneys like Kim Ogg, who said they won’t waste police resources on arrests for personal use amounts of cannabis,” Bass told TCC.
As for legislation that consumers and advocates should watch, Bass recommends watching five of the 27 bills filed by Texas lawmakers.
House Bill 43, sponsored by Brownsville Representative Alex Dominguez, would “authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by patients with certain eligible medical conditions and the licensing of dispensing organizations.”
Senate Bill 90, sponsored by longtime Texas lawmaker and currently state senator Jose Menendez, contains virtually the same language, albeit for SB 90 stating qualifying conditions as debilitating medical conditions.
“Those are both no THC limit medical cannabis bills. Rep. Dominguez doesn’t have homegrow in his bill, but Menendez does in his.” Bass said.
For the cannabis possession penalty reduction bills, House Bill 441 and 585 are Bass’ bills to pay attention to. Filed by Rep. Erin Zweiner, HB 441 would make the possession of one ounce or less of cannabis a class C misdemeanor. House Bill 585, in similar language to HB 441, reduced all criminal penalties for cannabis. Meaning, possession of two ounces or less would become a Class C misdemeanor instead of Class B, two to four ounces would be a Class B misdemeanor and so on.
House Bill 447, authored by Rep. Joe Moody, would regulate the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees and occupational licenses.
However given the lieutenant governor’s firm opposition and serial Senate killing of cannabis legislation in the 2019 Session along with his general unpredictability, there’s still uncertainty. Bass mentioned Patrick discussed expanding the vice grip-like restrictive nature of the Texas Compassionate Use Program, but not much beyond that. And as Dan Patrick seemed to be directly responsible in getting PTSD taken out of Senator Campbell’s laughably miniscule expansion of TCUP in 2019.
“We just don’t have the data, good scientific data, that supports (medical cannabis) for PTSD that we can put in this bill at this time,” Campbell said. “I hope that we can get definitive research necessary to be able to include PTSD and other conditions in the future.” Senator Campbell said, totally disregarding the testimonies of countless veterans in the process.
“We feel positively that we’ll be able to convince Lt. Gov. Patrick to add PTSD to this Compassionate Use Program. Because we know he’s heard from a lot of people about that decision.” Bass said. “But still, we prefer Mendendez’s real medical cannabis bill to pass.”
As with the last session, Dan Patrick very well could be the villainous five-star general that veteran cannabis advocates must battle again. Bass points to the majorities that 2019 House Bills 63 and 1365 received in the House that is still very much led by Republicans, but he acknowledges the diet Rush Limbaugh turned lieutenant governor that stands in the way of quality cannabis reform.
As the session has only just begun, the Collective will certainly be keeping up to date on the happenings of the session, and the success and likelihoods of these bills.
On a personal note, David Bass will soon be resigning from his legendary post as TX NORML’s Veteran Outreach Coordinator and operations of TVFMM. As Bass will be celebrating his 65th birthday soon, he believes once he reaches his golden years, he should pass the reigns down to someone equally as qualified to lead the fight, and San Antonio Army veteran Viridiana Edwards will be who Bass is passing his reigns onto.
For everyone here at the Collective, as well as the cannabis advocacy scene both statewide and on the national scale, we graciously thank David Bass for his many historic years of tireless advocacy for all causes related to cannabis and veteran well-being. From testifying on behalf of PTSD awareness to frequently traveling to Austin to advocate for possession penalty reduction, Mr. Bass was always on the frontlines of the cannabis advocacy battlefield, leading as strongly and passionately as only a veteran could.
We wish Mr. Bass the absolute healthiest, cheerful and most golden of golden years and still hope to hear your wisdom, insight and viewpoints on cannabis and veteran-related issues when they happen.
And for the countless interviews and helping me understand the lives and stories of our nation’s heroes and yet how this plant has shown to be tremendously helpful for some of those veterans, I personally would like to thank Mr. Bass for that realistic and thought-provoking perspective that I’ve gained.