Two Texas lawmakers want to legalize recreational marijuana, and they've already filed the bills to do it.
On the first day lawmakers could file new bills for the 90th session of the Texas Legislature, Democratic state Reps. John Bucy of Austin and Joe Moody of El Paso filed their own bills that would legalize and regulate marijuana in the state.
The nearly identical 37-page bills,House Bill 362 and HB 369, would set age limits and protections and establish industry standards if passed as-is during the legislature's regularly called session that starts Jan. 12.
The bill would face several hurdles, as Democrats control the state House while Republicans hold the Senate majority, before reaching the governor's desk, or it might just stop short of
becoming law.
Democratic Texas state Sen. Carol Alvarado of Houston also introduced his own version — Senate Bill 237 — of legalizing and regulating marijuana in the state that is similar but not identical to the House bills.
Here's a quick look at what the House bill proposes.
Would marijuana become legal in Texas?
Yes, the bill, if it passed, would legalize recreational marijuana for adults 21 and older in Texas.
However, marijuana would remain illegal under federal law. Local cities and counties could also regulate sales and the number of stores they allow, but they can't prohibit or unreasonably restrict the industry in the state.
What would remain illegal in Texas?
The proposal does not legalize recreational marijuana for people under 21 in Texas.
Selling or giving cannabis to somebody under 21 would become an offense:
- Recipient 18 to 20: Class B misdemeanor
- Recipient under 18: Class A misdemeanor
Driving under the influence of marijuana would remain illegal, as would having it and using it at public and private schools, daycares and jails.
Can I carry marijuana in Texas?
Under the bill, yes. Texans 21 and older would be able to:
- Possession, use and transportation of up to 2 ounces of cannabis.
- Of those 2 ounces, no more than 15 grams could be cannabis concentrate.
- An adult could give another adult up to the same amount without payment, provided the transfer is not advertised or promoted to the public.
- Cannabis-related paraphernalia could also legally be possessed, used, transported or given to another adult without payment.
Could I grow marijuana in Texas?
The bill would allow Texans to grow up to 12 cannabis plants on their private residences, but the area must be enclosed and secured.
How would Texas' marijuana industry be regulated?
Texas would establish four new licenses from the Texas Department of Licensing and Regulation for:
- Cannabis grower
- Cannabis establishment
- Cannabis secure transporter
- Cannabis testing facility
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas, based in Austin. Got a news tip for him? Email him at mrosiles@usatodayco.com.
This article originally appeared on USA TODAY: Is marijuana legal in Texas? Lawmakers file bills to legalize weed
