Texas Cannabis Policy Update: Local Wins, Statewide Battles, and the Push for Full Legalization
Leading up to the 2025 legislative session, cannabis advocates achieved a significant victory in Dallas. On November 5, 2024, voters passed the Dallas Freedom Act with more than two-thirds approval. The new policy prevents arrests or citations for possession of four ounces or less of cannabis flower and prohibits police from using the smell of cannabis as probable cause for a search.
Similar ordinances were passed in Bastrop and Lockhart, with nearly 70 percent voter approval. These cities now join Houston, Austin, San Marcos, and Killeen in enacting decriminalization policies. However, some cities, such as Harker Heights, Elgin, and Denton, passed similar laws but had their city councils refuse to implement them.
Attorney General Ken Paxton has sued the City of Dallas to block the new ordinance. A judge ruled that the lawsuit lacks merit, but a second lawsuit remains pending.
Statewide Legislation Threatens Local Reforms
Senator Charles Perry introduced Senate Bill 1870, which would prevent cities and counties from enacting drug-related ordinances that conflict with state law. If passed, this would nullify all local decriminalization efforts, overriding the will of voters in multiple Texas cities.
Meanwhile, Representative Joe Moody continues to push for statewide decriminalization with House Bill 3242. The bill would make possession of up to one ounce of cannabis a non-arrestable violation with no jail time and allow for the expungement of low-level cannabis offenses. A similar bill passed the Texas House in 2023 but was blocked from a hearing in the Senate.
Texas Still Arrests Thousands for Cannabis Each Year
Texas remains one of 19 states that still jails people for small cannabis possession. In 2023 alone, more than 23,000 people were arrested for cannabis-related offenses. This makes Texas a national leader in marijuana-related arrests despite growing public support for legalization.
Threats to the Hemp and THC Industry
Despite widespread public support for cannabis reform, Lieutenant Governor Dan Patrick has prioritized banning THC products in 2025. He has cited a recent poll showing that 55 percent of Texans want to regulate the unlicensed hemp market, but that same poll also showed:
62 percent support for full legalization.
69 percent support for decriminalization.
79 percent support for a comprehensive medical cannabis program.
Senate Bill 3, filed by Senator Charles Perry, would ban all cannabinoids except CBD and CBG, making the sale or manufacture of most hemp and THC products illegal. Another bill, Senate Bill 1867, would criminalize possession of banned hemp products. At a hearing on March 3, 2025, over 170 citizens testified, with the vast majority opposing Senate Bill 3. Despite this, the committee unanimously advanced the bill to the full Senate.
Medical Cannabis Legislation Moves Forward
Texas has one of the most restrictive medical cannabis programs in the country. The Texas Compassionate Use Program remains so limited that it is not recognized as a true medical cannabis program by national advocacy groups.
Senate Bill 1505, filed by Senator Perry, would expand the program slightly by:
Issuing up to three more production licenses, bringing the total to six.
Allowing dispensaries to open satellite storage locations.
Permitting tinctures, suppositories, and pulmonary inhalation when deemed medically necessary by a doctor.
Setting a standard dose of five milligrams of THC, with a package limit of 300 milligrams.
A more comprehensive medical cannabis bill, Senate Bill 734, has been introduced by Senator Jose Menendez. This bill would create a fully developed medical cannabis program in Texas, bringing the state in line with national medical marijuana standards. A House bill, HB 1504, also proposes a comprehensive medical cannabis program that includes home cultivation rights for patients.
Full Legalization Bills Introduced
Multiple bills have been introduced to legalize cannabis for adults 21 and older fully.
House Bill 1208 and Senate Bill 335 would legalize cannabis and create a regulatory framework for production, distribution, and sales, including home cultivation rights.
House Bill 1763 would remove all penalties for possession of cannabis and paraphernalia, significantly reducing criminal penalties.
Texans Support Legalization, But Lawmakers Continue to Resist
Polling consistently shows strong support for cannabis reform in Texas. However, leadership in the Senate, particularly Lieutenant Governor Dan Patrick, continues to block meaningful legislation from advancing.
Advocates and business owners must continue to pressure lawmakers to support legalization and regulation rather than prohibition.
Texans who want change should contact their representatives here and demand cannabis reform.
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