Texas Lawmakers File Recreational Marijuana Bills for 2027 Session

On Nov. 9, the first day bills could be prefiled for the 90th Texas Legislature, Democratic Reps. John Bucy III of Austin and Joe Moody of El Paso introduced House Bills 362 and 369, companion versions of the Texas Regulation of Cannabis Act. Sen. Carol Alvarado, a Houston Democrat, filed Senate Bill 237 the same day.

The measures have not been referred to committee and would not change the law unless they pass both chambers after the session convenes on Jan. 12, 2027. Recreational marijuana remains illegal in Texas.

What the House Bills Would Allow

The nearly identical House bills would let adults 21 and older possess, use and transport up to 2 ounces of cannabis, including no more than 15 grams of concentrate, and give the same amount to another adult if no money changes hands. They would also allow up to 12 plants to be grown at a private residence, in a locked, enclosed area that cannot be seen from a public place.

A licensed market would cover cultivation, retail shops, secure transport and testing, overseen by the Texas Department of Licensing and Regulation. Retail sales would carry a 20 percent tax on top of the regular state sales tax, and transfers from growers to stores would be taxed at 15 percent. Revenue would go to the Permanent School Fund, a veterans’ assistance fund, drug-treatment programs and local oversight. Cities and counties could not ban or unreasonably restrict cannabis businesses.

If enacted, the bills would take effect Sept. 1, 2027. Rules would be due by July 1, 2028, and licensing would have to begin by Nov. 1, 2028.

A Senate Version Leaves Room for Counties

Alvarado’s SB 237 follows the same adult-use and 12-plant home-grow framework but sets a higher possession limit of 2.5 ounces. Its official caption authorizes licensing fees rather than a new excise tax, and a licensee “may not operate in a county without the authorization of an election,” giving counties a path to keep commercial shops out.

Other cannabis bills filed the same day stop short of full legalization. HB 330, from Rep. Mihaela Plesa, would add medical conditions that cause menstrual cramps to the state’s low-THC Compassionate Use Program. Moody’s HB 667 would change criminal penalties for marijuana concentrate, and Bucy’s HB 507 would limit drug testing and penalties for many public employees and contractors over legal low-THC or hemp use.

Republican Senate Remains the Hurdle

The filings come a week after Democrats won the Texas governorship and flipped the state House, part of a broader midterm wave that also sent James Talarico to the U.S. Senate. Republicans kept a 19-12 majority in the Texas Senate, the chamber that can still block a legalization bill.

That math is more open than it was under Lt. Gov. Dan Patrick, a longtime opponent who last year pushed a ban on THC products later vetoed by Gov. Greg Abbott. “I’m not going to legalize marijuana in Texas,” Patrick said at the time. He lost the lieutenant governor’s race to Democrat Vikki Goodwin, who has said she is “not in favor of a THC ban” and that lawmakers still need to discuss whether to expand the medical program or “legalize it altogether.”

Gov.-elect Gina Hinojosa has said she wants Texas voters to decide legalization at the ballot box, a path that would require a constitutional amendment. Until the Legislature acts, the new bills are a starting point, not a change in the law.