GOP Texas House Speaker Wants To Reduce Penalties For Cannabis Possession And Crack Down On DAs

Texas House Speaker, Dade Phelan confirmed recently that he favors cannabis reform, more precisely, reducing marijuana possession penalties.

In an interview with the San Antonio Report, Phelan said the state Legislature will clamp down on district attorneys who avoid enforcing the law, including those with cite-and-release policies like Bexar County District Attorney Joe Gonzales.

“We’re seeing certain counties do things that I think are not appropriate,” said Phelan (R), who is from Beaumont.

Gonzales, on the other hand previously said that he didn't think it was fair to prosecute abortion-related violations in Bexar county, citing the potential revenge from the residents.

Marijuana Reform 

Responding to a question from the audience at an Austin church festival, Phelan said he agrees that “we are over-incarcerated in Texas.” 

“I see second chances as an economic development tool,” alluding to training programs for inmates as a resolution to the slim labor force in Southeast Texas.

As part of criminal justice reform, which Phelan promised to make the highest priority in the next session, he confirmed his support for lowering marijuana possession penalties. 

“I don’t know marijuana from oregano, it’s not really my thing...I’m very comfortable with reducing the penalties for marijuana,” the speaker said, according to Marijuana Moment.

Phelan previously revealed that he voted for a limited medical marijuana (MMJ) legalization bill during his first year in the legislature. He added that his support for cannabis reform is based on it proven benefits and that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.” 

Jax James, executive director for Texas NORML commented on Phelan’s remarks. 

“Reducing the penalties for personal possession of marijuana has long been an important issue to Texas voters,” she told Marijuana Moment. “It is important that the speaker of the House has reaffirmed his support for addressing the harsh penalties around minor marijuana possession. Now more than ever, it is important to reprioritize law enforcement’s time.”

Lone Star State & Cannabis 

Phelan’s comments came in less than two months after a new poll revealed that the majority of Texans support legalizing adult-use marijuana. Of those surveyed, 55% said they either support or strongly support legalization. 

What about medical marijuana? As expected, some 72% of those questioned confirmed that they support or strongly support legalizing the plant for medicinal purposes.

What is the current status of medical cannabis in the state, wasn’t it already legalized? 

Though medical cannabis is legal, it is strictly regulated. Only patients with cancer, autism, epilepsy, post-traumatic stress disorder (PTSD), and multiple sclerosis qualify for medical marijuana. In 2021, there were some 7,000 MMJ patients in the state registry with only 348 doctors able to prescribe it.

Texas first legalized MMJ seven years ago under the Compassionate Use Act, which allowed patients with intractable epilepsy to acquire and use cannabis oil containing less than 0.5%. The program has since been expanded to include more qualifying conditions and allowing 1% THC.

What about penalties for cannabis possession? In January, Governor Greg Abbott (R) agreed to reduce criminal penalties for marijuana possession to a Class C misdemeanor. Possession of up to 2 ounces is still considered a Class B misdemeanor  punishable by up to 180 days in jail and a fine of up to $2,000. More than 2 ounces could result in up to a year in jail, while more than 4 ounces is considered a felony.

Photo: Benzinga Edit; Source: Kindel Media by Pexels