By Lawmakers File Legalization Bills
Just one week after midterm elections put Texas Democrats in control of statewide offices and gave the party a majority in the House of Representatives, lawmakers have begun prefiling bills for the 2027 session to legalize marijuana. Rep. Joe Moody (D) filed HB 369 on Monday, and Rep. John Bucy III (D) filed HB 362. Both bills are titled the Texas Regulation of Cannabis Act and contain largely identical provisions.
The legislation would allow adults over 21 years of age to possess, use and transport up to 2 ounces of cannabis, including no more than 15 grams of concentrate. Adults could also grow up to 12 cannabis plants at home for personal use. The bills would additionally establish a system of licensed and regulated businesses to cultivate, process, transport, test and sell marijuana to adults.
Regulatory and Tax Provisions
The Commission of Licensing and Regulation would adopt implementing rules, and the Department of Licensing and Regulation would administer the program. Transfers of cannabis from cultivation businesses to dispensaries would be taxed at 15 percent. Sales to consumers at the point of purchase would see an additional 20 percent tax, in addition to normal sales taxes.
Revenue would be split between schools (50 percent), a veterans’ assistance fund (25 percent), drug treatment programs (15 percent) and local governments (10 percent). Local governments would not be able to ban or unreasonably restrict marijuana businesses from operating.
Context for the 2027 Session
Lawmakers began filing legislation for the 90th Texas Legislature on Monday. The filing period opened less than a week after Democrats swept statewide races, including winning the governor’s office, and flipped control of the Texas House. Republicans will maintain control of the Senate, meaning both parties will have to work together to pass legislation.
More than a thousand bills were filed Monday, covering issues including education, health care, immigration, marijuana legalization, elections and the state’s growing data center industry. The prefiling period offers an early look at what could change in 2027 as Democrats prepare to take control of the governor’s office and the Texas House of Representatives for the first time in decades.
