Texas: Has The Legislature's Attitude On Marijuana Shifted?

Jacob Redmond

Well-Known Member
When a Texas House committee voted Wednesday night to approve a bill that would make it legal to buy and sell marijuana in the state, pot advocates were downright giddy on social media, even as some acknowledged the measure had little chance of becoming law.

But the vote underscored possibly shifting attitudes in the Legislature, not long ago staunchly against any marijuana legalization measure.

Supporters of loosening marijuana laws have said there seems to be growing interest among some lawmakers to lessen criminal penalties for the possession of small amounts of pot and to expand the use of the now-illegal plant for medical purposes.

State Rep. David Simpson, a libertarian Republican from Longview and author of the legalization bill, which now goes to the full House for a vote, said he has been told privately by some of his House colleagues that they could back House Bill 2165. But he said he was surprised by the 5-2 vote in favor of the proposal. He was joined by a Republican and three Democrats voting in favor. Opposed were two Republicans.

"I wasn't sure it would make it this far," Simpson said.

But the House is unlikely to back a comprehensive repeal of marijuana prohibition in Texas.

Nevertheless, pot advocates call the bill's surprise movement a sign of changing mindsets inside the Legislature and out.

Heather Fazio, Texas political director for the Marijuana Policy Project, pointed to widespread support among Texans for loosening marijuana laws, according to a group called Public Policy Polling, which looked at the issue in 2013. The pollsters said that 58 percent of Texas voters support making marijuana legal for adults and regulating it like alcohol.

"State officials are increasingly becoming fed up with the failed federal government policy of marijuana prohibition, and they're taking action. Like most Americans, most Texans are ready for a more sensible, fiscally sound marijuana policy," Fazio said in a statement.

But some recently stated positions of key lawmakers might kill Fazio's buzz.

Rep. Tan Parker, a Republican from Flower Mound and chairman of the House GOP caucus, cautioned not to read too much into the vote of the House Criminal Jurisprudence Committee, which is chaired by Democratic Rep. Abel Herrero of Corpus Christi.

"I don't think it's indicative of the position of the Republican Caucus as a whole," Parker said.
In the Senate, the situation is similar.

Sen. Kevin Eltife, R-Tyler, said that members of the upper chamber also are not in favor of relaxing laws to decriminalize pot.

"I don't think there's any change in philosophy," he said, adding that there is "no prayer" for any legalization measure in either chamber.

But he added that medical marijuana might be different.

"I think people are open to that," he said.

Eltife is pushing a bill for the use of a cannabis-derived treatment for people with intractable seizure conditions who don't respond to other treatments. The doses called for in the bill don't involve any tetrahydrocannabinol, or THC, which is the plant's component that produces a high or sense of euphoria. His Senate Bill 339 passed out of the Senate on Thursday by a vote of 26-5.

A House committee also has passed a version of the bill, which could be heard on the floor as early as next week.
But the bill's fate is still uncertain.

State Rep. Jeff Leach, R-Plano, said his constituents oppose relaxing marijuana laws.

"It's hard to say if there's a shift in philosophy," Leach said. It might just be that the bills' proponents are louder than those opposed, he said.

Simpson said he hopes that fellow Republican Gov. Greg Abbott sees marijuana and "medical freedom" issues the same way he does.

After all, Abbott and conservative Republicans are usually on the same page, such as on issues like the right to openly carry a handgun, he said.

"Open carry of a plant," Simpson said, "is a lot safer than open carry of guns and bullets on a hip."

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