Democratic lawmakers in Texas have introduced legislation to legalize recreational marijuana for adults 21 and older, establish a regulated cannabis market, and allow residents to grow up to 12 plants at home.
State Reps. Joe Moody, D-El Paso, and John Bucy III, D-Austin, filed House Bills 369 and 362 on Nov. 9, the first day lawmakers could prefile legislation for the 2027 session. Both measures, titled the Texas Regulation of Cannabis Act, contain largely identical provisions.
Under the proposals, adults would be allowed to possess, use, and transport up to two ounces of cannabis, including no more than 15 grams of cannabis concentrate. Residents could also cultivate up to 12 plants at their private residences, provided the plants are kept in a locked, enclosed area that is not visible from a public place.
The legislation would establish a licensing system for businesses involved in growing, processing, transporting, testing, and selling cannabis. The Texas Department of Licensing and Regulation would oversee the industry.
The House bills would impose a 15% tax on transfers of cannabis from growers to retailers, along with an additional 20% tax on retail purchases. Revenue would be distributed among public education, veterans' assistance, substance-abuse prevention and treatment, and local governments.
Democratic Sen. Carol Alvarado of Houston has also filed Senate Bill 237, a separate proposal to legalize recreational marijuana. Her legislation would allow adults 21 and older to possess up to 2.5 ounces, although it takes a different approach to taxation and local regulation.
The proposals follow Democratic victories in the 2026 midterm elections that gave the party control of the Texas House and several statewide offices. However, Republicans retained control of the state Senate, creating a significant obstacle for the legalization effort.
The 90th Texas Legislature is scheduled to convene Jan. 12, 2027. The bills have been filed but have not been approved, meaning recreational marijuana remains illegal under Texas law. If enacted, the House proposals would take effect Sept. 1, 2027, with the state given additional time to establish the commercial licensing system.
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