Oct 05, 2026
Texas is one of only 19 states that still jails people for possession of small amounts of cannabis and has recently, through legislation and administrative actions, limited access to consumable hemp products. Possession of even a single joint remains a misdemeanor offense, but a hemp vape, joint, or gummy is now a felony with up to one year in jail — even though more than half of Americans live in legalization states. Last year, Texas arrested 28,753 individuals for possession.
This fall, voters will have an opportunity to decide who represents them in the state capitol and Washington, D.C. Our voter guide will inform you where the Governor, Lt. Governor, Attorney General, and state Senate candidates stand on cannabis policy. We’ve included our partners at the Texas Cannabis Policy Center's state House members’ voting records on cannabis policy.
In Texas’ U.S. Senate race, state Rep. James Talarico (D) received an “A” for his sponsoring legislation for legalization on the state level. Ted Brown (Libertarian) also received an “A”. Meanwhile, state A.G. Ken Paxton (R) received a D- for using his power as Attorney General to sue cities that passed cannabis decriminalization under Home Rule Charters. As the federal government is currently reviewing rescheduling cannabis and the future of hemp-derived THC, federal officeholders will decide the fate of THC in the next few years (or hopefully sooner).
You can view your sample ballot here and learn more about the candidates. At the state level, the Governor, Lt. Governor, and Attorney General are all on the ballot. All of these positions play a major role in whether cannabis policy moves forward over the next four years on the state level. It is worth noting that the Lt. Governor controls the agenda of the state Senate. In 2023, decriminalization legislation that passed the House of Representatives was not given a hearing due to Lt. Gov. Dan Patrick's refusal to schedule a hearing because of his prohibitionist philosophy.
MPP, along with our allies at The Texas Cannabis Policy Center, created a voter guide, which includes state candidates. We hope you also utilize it when casting your ballot in November (or earlier if you are early voting). Please vote and engage candidates for office on their stance on cannabis policy.
Voters are eager for reform: A recent poll shows 69% of Texans support decriminalization for personal amounts of cannabis and 62% support full legalization. The Texas Compassionate Use Program is the most restrictive program in the nation, despite the expansion of the program in 2025. Texas does not have a statewide ballot initiative process, so all reforms must go through the legislature.