Erin Zwiener and Joe Moody to carry cannabis legislation

Joe Moody (D–El Paso), Speaker Pro Tempore of the Texas House of Representatives, and State Representative Erin Zwiener (D–Driftwood), last week, announced a two-pronged approach to cannabis law in Texas.

House Bill 447, filed by Speaker Moody, would legalize cannabis and create a retail market for cannabis products, including marijuana. It would remain illegal to make cannabis available to people under 21 years of age. Revenue collected from sales would be placed in a dedicated fund that supports both teacher retirements and teacher salaries in Texas public schools.

House Bill 441, filed by Representative Zwiener, is the decriminalization effort championed by Moody in past sessions. The bill uses existing legal procedures in novel ways so that possession of a personal use amount of marijuana could only result in a ticket and a small fine, without an arrest or lasting criminal consequences. The measure was passed by a supermajority of the House in 2019 but failed to advance in the Senate.

“Our current cannabis laws don’t make sense,” said Rep. Zwiener. “We’re leaving dollars on the table, wasting public safety funds on enforcement, and saddling Texans with unnecessary criminal records that harm their ability to find work and housing. It’s time to bring our cannabis laws into the 21st century, and I’m eager to get to work on reducing penalties for possession of cannabis.”

“One thing that’s become crystal clear in the years since I began working on cannabis policy is that there’s no moral or public safety issue involved here,” said Moody. “There is very much a fiscal issue, though, and numerous other states are now raking in tax revenue from cannabis sales that Texas needs more than ever. We can’t say that Texas is the best state for business when we’re literally turning it away.”

Moody was enthusiastic about Zwiener’s filing of the bill he once carried:

“Representative Zwiener is one of the smartest and hardest working people at the Capitol;

I have absolute confidence in her taking the reins on decriminalization. She also brings a perspective and voice different than my own to this conversation. This is an effort favored by Texans of all different backgrounds, and it’s important that they’re reflected in those leading it in the legislature.”

Other cannabis-related bills are expected this session as well, such as an expansion of the state’s small medical marijuana program. Moody sees these as complementary rather than competing efforts: “The different approaches here all have the same goal: ending a status quo we know has never worked, one that’s cost taxpayers billions of dollars and stolen opportunities from countless Texans saddled with unjustified criminal records. Frankly, anything is an improvement over what we’ve been doing.”

Each bill will be considered after the Texas Legislature convenes after January 12, 2021.