Texas is known for its tough stance on crime, and its drug laws are no exception. For years, the state has been one of the strictest in the nation when it comes to controlling illegal substances. However, recent public opinion shifts and legislative movements suggest that the landscape could be changing. Let’s dive into the current state of drug laws in Texas, and explore some potential changes on the horizon.
A Look at Current Drug Laws in Texas
Texas follows a zero-tolerance approach to drugs, particularly when it comes to controlled substances like marijuana, cocaine, methamphetamine, and heroin. The penalties for possession, trafficking, or manufacturing illegal drugs can be severe. Let’s break it down:
Marijuana
Though marijuana has been decriminalized in some parts of the U.S., Texas remains a state where possession of even small amounts of cannabis can lead to jail time. Possession of under two ounces of marijuana is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. If you’re caught with larger quantities, the penalties increase significantly, and the charge can be elevated to a felony.
Despite this, marijuana laws in Texas are slowly evolving. In 2015, the state passed the Compassionate Use Act, allowing the use of medical marijuana in limited circumstances—specifically for patients with intractable epilepsy. More recently, in 2021, Governor Greg Abbott signed into law a bill expanding the medical marijuana program to include additional conditions like cancer and PTSD. Still, the medical cannabis market is very restrictive, and recreational marijuana remains illegal.
Other Controlled Substances
For substances like cocaine, methamphetamine, and heroin, Texas has strict laws that impose harsh penalties. Possession of small amounts of these drugs can result in years of prison time, especially if the individual is caught with multiple substances or if they have prior offenses.
Texas law divides drugs into different penalty groups, with penalties based on the type and amount of substance involved. For example, being caught with less than one gram of a substance in Penalty Group 1 (which includes cocaine, heroin, and meth) is considered a state jail felony, punishable by 180 days to 2 years in prison and a fine of up to $10,000. The more significant the quantity, the more severe the punishment.
The War on Drugs: A Continuous Fight
For decades, Texas has adopted a “war on drugs” mentality, which has led to a large number of arrests for drug-related offenses. While the state has made strides in reducing crime rates in some areas, the long-term impact of mass incarceration on communities—especially communities of color—has come under increasing scrutiny. Lawmakers are beginning to reconsider the efficacy of this approach and are slowly warming to the idea that criminal penalties alone may not be the best solution.
Potential Changes on the Horizon
As public opinion shifts and more states move toward drug law reform, Texas is slowly beginning to show signs of change.
Decriminalization of Marijuana?
One of the most talked-about changes involves marijuana. In 2021, there was a significant push to decriminalize marijuana in Texas, led by lawmakers like Rep. Joe Moody. The proposal sought to make possession of small amounts of marijuana (under one ounce) a civil penalty rather than a criminal offense. While the bill did not pass the Texas House, it marked a growing trend toward cannabis reform.
Texas has a history of resisting marijuana legalization, but this is starting to shift, especially as states like Oklahoma and Louisiana have passed their own reforms. There is growing support among Texans for decriminalizing or even legalizing recreational marijuana. According to polling data, more than half of Texans now support legalization in some form, whether for medical or recreational use.
In 2023, Rep. Moody introduced another bill that would allow for the regulated legalization of marijuana, including recreational use. While it still faces strong opposition from conservative lawmakers, it reflects a growing divide between public opinion and legislative action. As more data becomes available on legalization’s economic and social benefits, Texas may be more inclined to adjust its stance.
Potential for Criminal Justice Reform
Another area where change is possible is in the realm of criminal justice reform. Texas lawmakers have introduced several bills in recent years aimed at reducing the prison population by implementing alternatives to incarceration for non-violent drug offenders. For example, in 2021, the Texas Legislature passed a law that allows people charged with low-level drug offenses to be placed on probation rather than serve prison time. The goal is to reduce the state’s growing prison population and focus resources on rehabilitating offenders.
Moreover, Texas has started experimenting with drug courts—specialized courts designed to handle non-violent drug offenders. Instead of serving time behind bars, participants in drug courts are given access to treatment and counseling services, along with a structured path to rehabilitation.
The Push for Medical Marijuana Expansion
As mentioned earlier, Texas expanded its medical marijuana program in 2021. But there’s still more to be done. Advocates for medical cannabis argue that Texas’s program is too restrictive, with only a limited number of qualifying conditions and a capped level of THC. There’s ongoing lobbying from both doctors and patients to expand the program further, which could include more qualifying conditions and a broader range of cannabis products. If this momentum continues, we might see broader medical marijuana access in the coming years.
Conclusion: What’s Next for Texas Drug Laws?
Texas is a state that’s known for its conservative stance on drug laws, but the winds of change are starting to blow. With increasing public support for marijuana legalization and criminal justice reform, the state might soon take a more lenient approach to drug policy. However, change in Texas is often slow, and political resistance remains strong, particularly in rural areas and among conservative lawmakers.
That said, as neighboring states continue to adjust their drug laws, and as the social and economic impacts of current policies become more apparent, Texas may eventually soften its stance. Whether that happens in the next legislative session or in the years to come, it’s clear that the conversation around drug laws in Texas is far from over.
If you or someone you know is facing drug-related charges, contacting an experienced Austin criminal defense attorney could make a significant difference in navigating these complex legal issues.
