Two identical House bills and a companion Senate proposal to legalize adult-use cannabis were filed on the first day of prefiling for the 90th Texas Legislature, setting up another test of whether Texas lawmakers are ready to create a regulated cannabis market.
Texas lawmakers opened the first day of prefiling for the 90th Legislature on Monday, November 9, with a familiar proposal: legalizing adult-use cannabis.
Two Democratic House members filed identical bills to create a regulated cannabis system in Texas, while a Democratic senator filed a third legalization proposal the same day.
The bills would allow adults 21 and older to possess, use and grow limited amounts of cannabis, create a four-license commercial market regulated by the Texas Department of Licensing and Regulation, and impose new cannabis-specific taxes.
The proposals also include protections for lawful cannabis use, limits on local government bans and restrictions on where cannabis can be possessed or consumed.
But the bills face a familiar obstacle. Every previous adult-use legalization bill in Texas has died in committee, and none has ever received a floor vote. Even if the new proposals advanced, legal sales would still be years away.
Three Bills, One Plan to Legalize Cannabis
Bucy, a Democrat representing Austin, filed HB 362. Moody, a Democrat representing El Paso, filed HB 369.
The two House bills are identical 37-page proposals containing 18 sections.
Page one of HB 362, filed by Rep. John Bucy III of Austin. Texas Legislature Online.
Alvarado, a Democrat representing Houston, also filed SB 237 in the Senate on Monday. Its caption identifies it as a legalization bill, but its full text had not been posted as of Monday evening.
Page one of HB 369, filed by Rep. Joe Moody of El Paso. Texas Legislature Online.
The first public images of the House bills' opening pages circulated through a post by Chase (@chaseisblazed) on X.
The filings came during a busy opening day, with more than a thousand bills and resolutions submitted.
The proposals would create a legal framework for adults to possess and consume cannabis, establish licensed businesses and impose cannabis-specific taxes.
But filing a bill is only the beginning. Texas has never given an adult-use legalization bill a floor vote, and the new proposals would still need to clear committee and both chambers before reaching the governor.
What Could Adults 21 and Older Actually Possess?
Under the proposed Texas Regulation of Cannabis Act, adults aged 21 and older could legally possess, use and transport up to 2 ounces of cannabis, including no more than 15 grams of cannabis concentrate.
Adults could also transfer the same permitted amounts to another adult without payment, provided the transfer is not advertised or promoted to the public.
Home cultivation would be allowed: an adult could grow up to 12 cannabis plants at their residence, in a locked, enclosed area that cannot be seen from a public place.
Adults could keep the harvest from their homegrown plants at their residence. They could also possess up to 10 ounces of other cannabis at home, provided that any amount exceeding 2 ounces is kept in a locked area.
These provisions would establish personal possession and cultivation rights, but they would not make all cannabis use legal. The bills draw clear lines around amounts, locations and commercial activity.
Four Licenses Would Build the Legal Market
The bills place the proposed regulatory system under the Texas Department of Licensing and Regulation. The Texas Commission of Licensing and Regulation would adopt the rules governing the program.
Four license categories would establish the commercial market:
- Grower license: Authorizes cannabis cultivation. - Cannabis establishment license: Authorizes retail sales. - Secure transporter license: Covers the transportation of regulated cannabis. - Testing facility license: Covers cannabis testing.
Retail dispensaries could operate between 10 a.m. and 9 p.m.
Employees working at licensed cannabis establishments would have to register with the state, be at least 21 years old and submit fingerprints for a background check.
One provision addresses people with prior cannabis convictions. Licensing rules could not disqualify someone solely because of a previous conviction involving marijuana possession or delivery to someone 18 or older.
The proposals would also limit ownership interests. No individual or entity could hold an interest in more than five grower licensees.
Products would have to use opaque, resealable and child-resistant packaging. The commission could establish a THC cap by rule.
License fees would be established through the rulemaking process. The introduced bills do not specify dollar amounts for those fees.
The Proposal Creates Separate 20% Retail and 15% Wholesale Taxes
The Texas Regulation of Cannabis Act would establish a new tax structure through Chapter 166 of the Texas Tax Code.
Retail cannabis sales to consumers would carry a 20% tax on the sales price. A separate 15% tax would apply when cannabis moves from a grower to a licensed cannabis establishment. Both taxes would be separate from, and in addition to, applicable regular sales taxes.
The proposed distribution of cannabis tax revenue would be:
- 10% to cities and counties to cover enforcement costs. - 15% to chemical dependency prevention and treatment. - 25% to veterans' assistance. - The remaining revenue to the permanent school fund.
The structure would direct cannabis-related revenue toward local enforcement, public health, veterans' services and public education.
Cities Could Regulate Businesses, but Not Ban the Market
The bills would restrict how local governments could regulate licensed cannabis businesses.
Political subdivisions could not prohibit or unreasonably restrict licensed cannabis activity.
Local governments could regulate business hours, locations, operating practices and the number of cannabis growers, establishments and testing facilities.
That distinction would allow local governments to manage where and how cannabis businesses operate while preventing them from banning the regulated market outright.
Consumer Protections Come With Two Major Omissions
The proposed legislation includes protections for adults acting within the possession, use and cultivation limits.
Conduct authorized under the Act could not, by itself, serve as the basis for an arrest, prosecution, forfeiture, civil penalty or professional-license discipline.
It also could not independently serve as grounds to deny or restrict child custody or access.
Housing protections would cover possession and non-smoking cannabis consumption inside a person's residence. Landlords could still prohibit smoking cannabis.
However, two significant protections are absent.
There is no employment protection.
The bills do not establish a general right for employees to use cannabis outside work or prevent employers from taking action based on cannabis use.
There is no expungement or record relief.
The proposals do not include a process for clearing previous cannabis convictions.
That is a notable change from the 2025 legislative effort. Representative James Talarico's HB 5307 included expunction of records, while the 2027 filings do not.
What Would Still Be Illegal?
Legalization under these proposals would come with defined limits.
Possession beyond the authorized amounts, unlicensed commercial sales and driving under the influence would remain illegal.
Cannabis consumption would be prohibited in vehicles on public roads, in public places unless specifically designated for adult use, and in places accessible to people under 21.
Possession would remain prohibited at schools, childcare facilities and correctional facilities.
The bills would prohibit butane extraction, or extraction using another substance with a flashpoint below 100 degrees Fahrenheit, in public places, motor vehicles and within the curtilage of residential structures.
The proposals establish specific penalties for transferring cannabis to minors:
- Selling or giving cannabis to someone under 18 would be a Class A misdemeanor. - Selling or giving cannabis to someone aged 18 to 20 would be a Class B misdemeanor.
The legislation would therefore create a legal adult market while maintaining restrictions on distribution, impaired driving and access by minors.
Texas' Medical Cannabis Program Would Remain Separate
The proposals carve out Texas' existing Compassionate-Use Program under Chapter 487 of the Health and Safety Code.
The low-THC medical cannabis program would continue operating under its existing framework rather than being replaced by the adult-use system.
The new cannabis taxes would not apply to the medical program.
Hemp would also remain outside the bills' definition of cannabis.
From Filing to First Sales: The Road Runs Through 2028
The 90th Texas Legislature convenes on Tuesday, January 12, 2027. The general bill-filing deadline is March 12, 2027.
If enacted, the proposed Texas Regulation of Cannabis Act would follow a lengthy implementation schedule:
- September 1, 2027: The Act would take effect. - July 1, 2028: Deadline for the regulatory commission to adopt implementing rules. - November 1, 2028: TDLR would begin licensing cannabis businesses.
That means even successful passage would not immediately create legal dispensaries. The state would need to adopt rules and begin licensing before regulated sales could begin.
The proposals also follow several unsuccessful attempts to establish adult-use legalization.
Moody carried the first version of the Texas Regulation of Cannabis Act in 2021 through HB 447.
In 2025, Bucy introduced HB 2975, while Talarico introduced HB 5307. Both proposals died in the House Licensing and Administrative Procedures Committee without receiving a floor vote.
No Texas adult-use legalization bill has ever reached a floor vote.
The political landscape has changed following the November 3 elections. Democrats won the governorship and control of the Texas House, while Republicans retained their majority in the Senate. The new legislative session will therefore begin under a Democratic governor and House, but a Republican-controlled Senate.
As of the evening of November 9, Bucy, Moody and the Texas Cannabis Policy Center had not issued public statements about the bills.
A Legalization Proposal Is Not Yet a Legal Market
HB 362, HB 369 and SB 237 put adult-use cannabis legalization back before Texas lawmakers, with detailed provisions covering personal possession, home cultivation, commercial licensing, taxation and consumer protections.
The two House bills offer identical legislative language, while Alvarado's Senate proposal creates a third path for the issue to advance.
But Texas' legislative history remains a significant obstacle. Previous proposals have stalled before reaching the House floor, and the new bills must move through a legislature with divided political control.
For now, the proposals establish what legalization could look like in Texas. Whether lawmakers are prepared to turn that framework into law remains the larger question.
Sources
- Texas Legislature Online. HB 362, introduced text (90th Legislature). Link
- Texas Legislature Online. HB 369, introduced text (90th Legislature). Link
- Texas Legislative Council. Dates of Interest, 90th Legislature.
- Lone Star Standard. First-day filing reports, November 9, 2026.
- BillTrack50. HB 5307 (89th Legislature) history.
- Texas Cannabis Policy Center. Texas cannabis bills archive.
- High Plains Pundit. Post-election Texas landscape, November 9, 2026.
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