Texas House Bill HB5307

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products and the local regulation of cannabis establishments; providing for expunction of records relating to certain decriminalized conduct; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

Impact

If enacted, HB5307 would amend various existing laws, introducing new regulations governing cannabis practices in Texas. Notably, it includes provisions for the expunction of records related to certain decriminalized cannabis offenses committed before the effective date of the Act. The Act also imposes a 10% sales tax on cannabis sales, which is to be allocated among multiple state funds, including those for cannabis regulation and child-care services. This financial framework is designed to support the operational costs of cannabis regulations while integrating potentially profitable ventures into the state economy.

Summary

House Bill 5307, known as the Texas Regulation of Cannabis Act, aims to create a regulated framework for the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products. The bill sets forth definitions and authorized conducts related to cannabis while establishing licensing protocols for cannabis establishments and secure transporters. It allows individuals aged 21 and older to possess up to 2.5 ounces of cannabis and cultivate up to 12 plants for personal use. This legislative measure represents a significant shift in Texas cannabis policy, creating an avenue for lawful commercial activity and personal use within a regulated format.

Contention

Despite its progressive provisions, the bill may face contention based on concerns about public health and safety, particularly regarding the regulation of cannabis establishments and the potential for misuse among minors, given that it remains illegal for individuals under 21 to possess or consume cannabis. Additionally, local governments will have limited ability to impose their own regulations, which may draw criticism from communities seeking to address localized concerns over cannabis use and its associated risks. These factors could spark debate during the legislative process as stakeholders weigh the benefits of legalization against the challenges of effective oversight.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 487. Texas Compassionate-use Act
  • Section: 001

Tax Code

• Chapter 151. Limited Sales, Excise, And Use Tax
  • Section: 313
  • Section: 314
  • Section: 316

Code Of Criminal Procedure

• Chapter 55. Expunction Of Criminal Records
  • Section: New Section

Agriculture Code

• Chapter 1. General Provisions
  • Section: New Section