Texas Cannabis Legalization Bills Filed After Democrats' 2026 Election Victories

13 November 2026

Texas lawmakers filed new marijuana legalization bills on November 9, 2026, following Democratic victories in the state's midterm elections.

Representatives Joe Moody and John Bucy III introduced House Bill 369 and House Bill 362, both titled the Texas Regulation of Cannabis Act.

The proposals would allow adults aged 21 and older to possess marijuana, grow plants at home, and purchase cannabis legally.

They would also establish licensed cannabis businesses and taxes supporting schools, veterans, treatment programs, and local governments.

A separate Senate bill proposes a similar adult-use system, with different possession limits, tax rules, and local authority.

The filings follow Democratic victories in the governor's race, lieutenant governor's race, and elections for control of the Texas House.

Governor-elect Gina Hinojosa and Lieutenant Governor-elect Vikki Goodwin have supported cannabis reform but have not agreed on one plan.

The 90th Texas Legislature begins its regular session on January 12, 2027.

Despite the election results and new proposals, recreational marijuana remains illegal under current Texas law.

What Are Texas House Bills 362 and 369?

House Bill 362 and House Bill 369 are nearly identical proposals filed for the 2027 legislative session.

Representative John Bucy III filed HB 362, while Representative Joe Moody introduced HB 369 on November 9.

Both would establish the Texas Regulation of Cannabis Act, allowing regulated marijuana possession, cultivation, testing, transportation, and retail sales.

The Texas Department of Licensing and Regulation would oversee the system, while state regulators would establish licensing and product safety rules.

Activities permitted by the law would receive legal protection, but unauthorized conduct could still face penalties.

Neither proposal has become law.

Would Recreational Marijuana Be Legal in Texas Under the Proposed Bills?

Adults aged 21 and older could legally possess and use marijuana within specified limits if either House bill passes.

The proposals would allow possession of up to two ounces of cannabis, including no more than 15 grams of concentrate.

Limited transfers between adults without payment would also be permitted, provided they are not publicly advertised.

Commercial sales would require state licensing, and possession beyond legal limits could still result in penalties.

Until lawmakers approve legalization, these proposed allowances do not change existing Texas marijuana laws.

Could Texas Residents Grow Marijuana at Home?

HB 362 and HB 369 would allow adults to grow up to 12 cannabis plants at a private residence.

Plants would need to remain in a secured area, protected from unauthorized access and hidden from public view.

Cannabis produced through home cultivation could be stored under the proposed rules, including secure storage for larger amounts.

However, personal cultivation would not authorize commercial marijuana sales.

Businesses growing cannabis for sale would need a state-issued license.

The proposed 12-plant allowance remains subject to legislative approval.

How Much Marijuana Could Texans Legally Possess?

Texas's proposed possession limits differ between the House and Senate bills.

HB 362 and HB 369 would permit adults to possess up to two ounces, including no more than 15 grams of concentrate.

Senate Bill 237, filed by Senator Carol Alvarado, would allow up to 2.5 ounces, with the same concentrate limit.

Both proposals would also permit limited home growing and unpaid transfers between adults.

These differences may require negotiation if lawmakers seek a common legalization bill.

No new recreational marijuana possession limit has been approved in Texas.

How Would Recreational Marijuana Be Sold in Texas?

The House bills would establish licensed cannabis businesses overseen by the Texas Department of Licensing and Regulation.

Four main license categories would cover growers, retail establishments, secure transporters, and testing facilities.

State regulators would establish standards for licensing, product testing, packaging, labeling, and business security.

The proposed schedule calls for regulations by July 1, 2028, and licensing to begin by November 1, 2028.

Those dates would apply only if lawmakers approve the proposed framework without changing its schedule.

No recreational marijuana retail licenses have been issued under these bills.

What Taxes Would Texas Charge on Legal Marijuana?

HB 362 and HB 369 propose two taxes on commercial cannabis transactions.

A 15% tax would apply when licensed growers transfer cannabis products to retailers.

A separate 20% tax would apply when consumers purchase marijuana from licensed stores.

The retail cannabis tax would be added to ordinary state and local sales taxes.

These charges could affect business costs and retail prices, though the bills provide no confirmed consumer price estimates.

The taxes would apply only if the House proposals become law.

Where Would Texas Marijuana Tax Revenue Be Spent?

The House proposals outline how cannabis tax revenue would support several state programs.

The largest share would support public education through the Permanent School Fund.

However, the actual funding would depend on taxable cannabis sales after legalization.

No official annual revenue estimate is included in the proposals.

How Is Senate Bill 237 Different From the House Marijuana Bills?

Senate Bill 237 proposes a separate approach to recreational marijuana legalization in Texas.

Like the House measures, it would permit limited adult possession, home growing, and licensed commercial cannabis activity.

However, several differences remain.

These differences would affect where cannabis businesses operate, how the market is funded, and consumer possession limits.

Could Texas Cities or Counties Ban Cannabis Dispensaries?

The House and Senate proposals take different approaches to local control of marijuana businesses.

HB 362 and HB 369 would generally prevent local governments from banning licensed cannabis establishments.

Cities and counties could still establish reasonable restrictions involving business hours, locations, and operations.

Under SB 237, covered cannabis businesses would need county voter approval before operating.

Counties could also regulate approved businesses, including their number and locations.

The final rules would depend on which proposal lawmakers approve.

What Would Texas Cannabis Business Licensing Look Like?

The House bills would establish licenses for cannabis growers, retailers, secure transporters, and testing facilities.

The Texas Department of Licensing and Regulation would oversee applications and enforce licensing requirements.

State regulators would develop rules covering product safety, recordkeeping, security, and business operations.

Licensing would begin by November 1, 2028, under the proposed schedule.

However, final application fees, licensing requirements, and the number of approved businesses remain undetermined.

Would Texas Require Cannabis Product Testing?

The House proposals would require licensed testing facilities within the state's regulated marijuana system.

Regulators would establish standards for cannabis testing, packaging, labeling, and product safety.

Growers, processors, and retailers would also need to follow the applicable product rules.

Testing facilities would require state authorization before providing services.

These requirements would apply only after legalization and the adoption of the necessary regulations.

What Does Texas HB 330 Mean for Medical Marijuana Patients?

House Bill 330, filed by Representative Mihaela Plesa, would expand eligibility under Texas's medical cannabis program.

The proposal would add certain conditions causing menstrual cramps, including dysmenorrhea and premenstrual dysphoric disorder.

Qualifying patients could gain access to low-THC cannabis through the existing medical program.

A registered physician would still need to assess whether medical cannabis is suitable for the patient.

HB 330 does not propose recreational legalization and remains subject to legislative approval.

Could Texas Expand the Compassionate Use Program Instead of Legalizing Marijuana?

Lieutenant Governor-elect Vikki Goodwin has discussed expanding medical cannabis access as an alternative to full recreational legalization.

The existing Texas Compassionate Use Program allows qualifying patients to obtain prescribed low-THC cannabis.

An expansion could allow more patients to qualify without permitting recreational marijuana sales.

Full adult-use legalization would instead create a broader legal market for eligible adults.

Goodwin has not announced which approach should receive priority.

The final direction will depend on decisions made during the 2027 legislative session.

Could Texas Reduce Penalties for Marijuana Concentrates?

Representative Joe Moody filed House Bill 667, which proposes changes to criminal penalties involving marijuana concentrates.

The measure would reduce penalties for certain possession and delivery offenses.

It would also revise eligibility for community supervision in some concentrate-related cases.

Unlike adult-use legalization, the bill would not create a licensed recreational marijuana market.

HB 667 remains a proposal and does not change current penalties.

Would Texas Stop Drug Testing Public Employees for THC?

House Bill 507, filed by Representative John Bucy III, would change certain drug testing rules for government workers.

The proposal would generally restrict cannabinoid testing for covered public employees and independent contractors.

It would also limit certain penalties tied to lawful medical cannabis or consumable hemp use.

However, the measure would not eliminate all workplace drug testing or legalize recreational marijuana.

Its final reach would depend on the approved legislation and applicable exceptions.

What Is Happening With Texas Hemp-Derived THC Products?

Texas's legalization debate comes amid a separate legal dispute over hemp-derived THC products.

Former Lieutenant Governor Dan Patrick supported stricter limits on intoxicating hemp products during the previous legislative session.

Governor Greg Abbott vetoed a proposed ban, but state health officials later advanced new hemp regulations.

The rules addressed licensing fees, testing, labeling, and sales restrictions.

Hemp businesses challenged parts of those requirements, and a Travis County court temporarily blocked some provisions in April 2026.

The court dispute remained unresolved following the November election.

Goodwin has criticized the restrictions and called for changes to the state's approach to hemp regulation.

Would Marijuana Legalization Automatically Resolve Texas's Hemp Dispute?

Not necessarily.

The recreational marijuana bills and contested hemp regulations address different legal issues.

HB 362 and HB 369 would establish licensed adult-use cannabis sales and personal possession rules.

The hemp dispute concerns restrictions imposed through state health agency regulations.

Although the debates involve related products, legalization would not automatically settle every existing hemp rule.

Lawmakers may consider both subjects in 2027, but no common framework has been approved.

Who Is Vikki Goodwin, and What Is Her Position on Marijuana?

Vikki Goodwin won the November 2026 election for Texas lieutenant governor, defeating Republican incumbent Dan Patrick.

She has supported cannabis reform and opposed broad restrictions on hemp-derived THC products.

Goodwin has discussed expanding medical cannabis access and pursuing full recreational marijuana legalization.

She has also criticized state agency rules restricting parts of the hemp market.

However, she has not endorsed one newly filed bill as the final plan for the incoming administration.

What Is Governor-Elect Gina Hinojosa's Marijuana Legalization Plan?

Governor-elect Gina Hinojosa has expressed support for allowing Texas voters to decide whether marijuana should become legal.

Her approach could involve a statewide vote on legalization.

However, Texas does not permit ordinary citizen-led statewide ballot initiatives.

A constitutional amendment would first require legislative approval before voters could consider it.

No specific amendment or referendum date has been established.

Her proposal remains separate from the House and Senate bills seeking legalization through legislation.

What Did Houston Voters Decide About Marijuana in November 2026?

Houston voters approved Proposition A during the November 3, 2026, election.

The measure, known as the Houston Freedom Act, makes misdemeanor marijuana possession the lowest enforcement priority for local police.

It also includes restrictions on no-knock search warrants.

However, the measure does not legalize marijuana under Texas state law or authorize recreational dispensaries.

Houston's vote addresses local enforcement rather than statewide cannabis legalization.

Do Texas Voters Support Marijuana Legalization?

Public polling suggests many Texans support changes to marijuana laws, though opinions differ by proposal.

A 2025 University of Houston Hobby School survey reported the following results:

• 62% supported legal recreational marijuana.
• 69% supported reducing penalties for personal possession among adults aged 21 and older.
• 79% supported medical marijuana.

The results showed support across political parties, though the level of support varied.

However, public support for reform does not establish agreement on taxes, possession limits, or commercial regulations.

Lawmakers must still approve any statewide changes.

How Would Marijuana Legalization Affect Texas Consumers?

Under the House proposals, eligible adults could legally possess marijuana, grow up to 12 plants, and purchase products from licensed retailers.

However, consumers would still need to follow possession limits and other legal requirements.

The proposed 20% retail cannabis tax, added to ordinary sales taxes, could also affect purchase costs.

The bills do not establish retail prices or a confirmed date when recreational dispensaries would open.

Until new legislation takes effect, recreational marijuana possession and sales remain illegal in Texas.

How Would Marijuana Legalization Affect Texas Medical Cannabis Patients?

Medical patients could see changes through separate proposals addressing eligibility and broader cannabis access.

HB 330 would expand qualifying conditions to include certain causes of menstrual pain.

Goodwin has also discussed expanding the Texas Compassionate Use Program.

The adult-use bills would establish a separate system for adults aged 21 and older.

However, patients must continue following existing prescription and registration requirements unless lawmakers approve changes.

What Could Marijuana Legalization Mean for Texas Cannabis Businesses?

HB 362 and HB 369 would create a regulated market for marijuana cultivation, retail sales, testing, and transportation.

Businesses would need state licenses and would have to comply with product safety and operating rules.

The House proposals also include a 15% grower tax and 20% retail tax.

SB 237 would instead rely on licensing fees and require county voter approval for covered businesses.

These differences could affect operating costs, business locations, and market access.

No confirmed estimates of cannabis industry revenue or future employment are included in the proposals.

What Could Legalization Mean for Texas Farmers and Cultivators?

The proposed framework would allow licensed businesses to grow marijuana for commercial sale.

Cultivators would need state authorization and must follow regulations governing production and product handling.

Home growing would remain separate, allowing adults to cultivate up to 12 plants for personal use.

The proposals do not establish final grower license fees, cultivation acreage limits, or the number of available licenses.

Those details would depend on the final legislation and state rules.

How Would Cannabis Testing and Transportation Businesses Be Regulated?

The House bills would establish licensing requirements for cannabis testing laboratories and secure transportation businesses