© Eric Gay The U.S. and Texas flags fly over the Texas Capitol. Cannabis legalization in Texas will require support from the legislature as well as potential voter approval, Marlen Whitley writes. (Credit: Eric Gay/ASSOCIATED PRESS/File)
Polling continues to show a majority of Texans support broader legalization of marijuana, yet the latest legislative efforts to decriminalize marijuana and expand medical access died recently in the state legislature.
This is unsurprising, as Texans of all stripes have long known that cannabis legalization in Texas would require significant political will and support from lawmakers, as well as potential voter approval through a ballot initiative or referendum. Legalization also would require the creation of a regulatory framework, as well as a licensing and permitting infrastructure, tax structure, public awareness and education campaigns and, finally, implementation and enforcement protocols.
That is a lot of heavy lifting, but such efforts may prove worthwhile given the strong public opinion and the many positives cannabis legalization would bring to Texas. In a recent poll on the issue, two-thirds of Texans approved of legalizing marijuana for recreational use by people ages 21 and older.
It is clear the stigma long associated with cannabis has lost potency as its usage has grown in popularity in treating numerous medical conditions. Cannabis can, for example, reduce chronic pain, nausea and vomiting associated with chemotherapy, and the tightening of muscles in patients suffering from MS and other conditions.
And while Texas has made progress with the Compassionate Use Act – which allows patients to access cannabis oil with less than 1% THC – we have been left behind on a potential revenue source that would not only provide relief and assistance for thousands of medical patients, but also increase investments in public education, stop unnecessary arrests for cannabis possession and create jobs in our state.
Texas also is missing an opportunity to reduce harm. Studies have shown that the criminalization of marijuana use disproportionately harms young people and people of color, sponsors massive levels of violence and corruption, and fails to curb youth access.
Legalization also will create jobs as we bring one of the nation’s largest cash crops under the rule of law. From the supply chain to banking to regulation, thousands of jobs can be created for the Texas economy. Legalization also allows for Texas’ universities and research institutions to learn and develop new uses for cannabis to aid in medicine and health. It will also put new emphasis on consumer safety, with marijuana product testing becoming standard throughout the state. This means consumers will be better informed about the marijuana they use.
The bottom line is that legalization would boost several industries, create more small businesses to support local economies, and spur much-needed changes in our justice system. Of course, passing legislation would only be the beginning. More work will be required, including:
- Building a regulatory framework: Texas will need regulatory agencies responsible for licensing, monitoring, and enforcing regulations.
- Licensing and permitting: Cultivators, processors, distributors, and retailers will need to be licensed, and the legislature will need to establish the process for obtaining licenses.
- Taxation and revenue allocation: A new tax structure could involve imposing excise taxes, sales taxes, or other forms of taxation.
- Public awareness and education: The state would likely implement public awareness campaigns to educate the public about the legal and responsible use of cannabis, potential health risks, and regulations surrounding its consumption.
- Implementation and enforcement: The state would need to implement and enforce the new regulations effectively.
All of this is doable if the legislature and/or people of Texas have the will. The state will surely benefit if they do.
Whitley is a managing partner at the Los Angeles office of the law firm Townsend & Lockett. He was previously senior corporate counsel for Weedmaps, a California-based tech company serving the cannabis industry.
This article originally appeared on Austin American-Statesman: Opinion: Texas’ road to legal marijuana is rocky but reachable
Recent Comments