Texas Democrats have pre-filed several bills to legalize recreational marijuana. The filings came one week after voters handed Democrats leadership of the state House of Representatives.
Democrats flipped as many as 21 Republican-held seats in the state House, according to a report from the Texas Tribune. Republicans retained their majority in the Texas Senate.
Democrats also won every statewide race in last week’s election. That included a victory for Lieutenant Governor-elect Vikki Goodwin.
Goodwin will replace outgoing Republican Lieutenant Governor Dan Patrick. Patrick long blocked comprehensive marijuana legalization measures from coming to a vote in the Texas Senate.
Democrats plan to use their new political power to pursue several objectives, including legalizing recreational cannabis.
Lawmakers have already filed legislation for the 2027 legislative session. Rep. John Bucy III pre-filed House Bill 362, and Rep. Joe Moody pre-filed House Bill 369, Marijuana Moment reported on Tuesday.
Both bills are titled the Texas Regulation and Cannabis Act and have nearly identical language. They would legalize recreational marijuana for adults aged 21 and older.
Adults could possess up to 2 ounces of cannabis under the measures. They could also grow up to 12 cannabis plants at home.
The bills would legalize recreational marijuana production and sales by licensed operators. A 15% tax would be levied on wholesale regulated cannabis transfers, and consumers would pay an additional 20% on legal purchases.
Democratic Sen. Carol Alvarado pre-filed Senate Bill 237 in the Texas Senate. Her measure would legalize marijuana for adults 21 and older, with a possession limit of 2.5 ounces, and would raise revenue through licensing and application fees rather than tax provisions.
Kevin Caldwell, senior manager for legislative affairs at the Marijuana Policy Project, says the midterm elections “brought a monumental shift to Texas.”
“Democrats, many running on pro-cannabis platforms, won the House, swept statewide offices, and defeated Lt. Gov. Dan Patrick, who had long blocked reform and challenged voters to defeat him at the ballot box if they disagreed with him on banning THC products,” Caldwell writes in an email.
Caldwell notes that pre-filing for the 2027 biennial session is underway. He says bills already introduced cover legalization, expanding the Texas Compassionate Use Program, employment protections, and decriminalization.
“Though Republicans still hold the Senate, the landscape has changed. Without Patrick’s rigid opposition, senators have the flexibility to adjust their stances (especially with 15 Senate seats up in 2028 and several competitive districts flipping),” he explains.
Because Texas meets biennially, Caldwell says this session is lawmakers’ only chance to deliver on cannabis policy reform before facing voters again.
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