Texas 2025 - 89th 2nd C.S.

Texas Senate Bill SB31

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

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 licensed cannabis growers, cannabis establishments, cannabis testing facilities, and cannabis secure transporters; 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

The proposed legislation significantly amends existing laws concerning cannabis, introducing a sales tax of 10% on cannabis products while allowing for the collection of fees necessary for regulation. With the intent to promote responsible cannabis use and distribution, the bill also specifies regulations on packaging, labeling, and the operation of retail cannabis establishments. Notably, the bill entitles adults aged 21 and older to possess and transfer limited quantities of cannabis without remuneration, as well as cultivate personal cannabis plants under specific conditions. Crucially, it enshrines the protection of individuals engaging in authorized cannabis activities against legal repercussions, fostering a safer public environment for responsible consumption.

Summary

SB31, also known as the Texas Regulation of Cannabis Act, seeks to provide a comprehensive framework for the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products. It establishes a regulatory environment that aims to facilitate the legalization of cannabis while ensuring public safety and compliance with health standards. The bill outlines detailed definitions regarding cannabis, cannabis beverages, and related entities involved in its supply chain, which includes cannabis establishments, growers, and testing facilities. Additionally, it empowers the Texas Alcoholic Beverage Commission to oversee this new regulatory landscape, streamlining communication and enforcement across relevant state agencies.

Contention

While the bill aims to provide a structured and legal framework for cannabis use and distribution, it also encompasses points of contention regarding local control. It limits the ability of local jurisdictions to implement restrictive regulations on cannabis businesses below what state law permits, creating concerns among local officials about their autonomy in managing cannabis-related issues. Moreover, the bill necessitates a more pronounced state oversight role and has provisions for automatic expunction of prior cannabis-related criminal offenses, which may alleviate past legal burdens for numerous individuals but also raises questions about the overall approach to cannabis policy reform in Texas.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Agriculture Code

  • Chapter 121. State Hemp Production Plan
    • Section: New Section
  • Chapter 122. Cultivation Of Hemp
    • Section: New Section

Health And Safety Code

  • Chapter 487. Texas Compassionate-use Act
    • Section: 001
  • Chapter 443. Manufacture, Distribution, And Sale Of Consumable Hemp Products
    • Section: New Section
    • Section: 2025
    • Section: New Section
    • Section: 2025
  • Chapter 481. Texas Controlled Substances Act
    • Section: 062
    • Section: 111
  • Chapter 1. General Provisions
    • Section: New Section

Occupations Code

  • Chapter 551. General Provisions
    • Section: 004

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 091

Companion Bills

No companion bills found.

Previously Filed As

TX SB54

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 licensed cannabis growers, cannabis establishments, cannabis testing facilities, and cannabis secure transporters; 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.

TX HB1208

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB1937

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB5307

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.

TX HB1831

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.

TX SB335

Relating to regulating the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products; authorizing the imposition of fees; requiring occupational licenses; creating a criminal offense.

TX SB209

Relating to regulating the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, and use of cannabis and cannabis products; authorizing the imposition of fees; requiring occupational licenses; creating a criminal offense.

TX HB2975

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license or registration; creating a criminal offense; imposing a tax.

TX HB3652

Relating to the regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense.

TX HB1763

Relating to repealing certain offenses and removing certain regulations relating to marihuana, cannabis, cannabinoids, synthetic cannabinoids, and paraphernalia.

Similar Bills

TX HB3652

Relating to the regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense.

TX HB447

Relating to the regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense.

TX SB1581

Relating to the regulation of the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products; authorizing the imposition of taxes and fees; requiring an occupational license; creating a criminal offense.

TX HB3248

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB1937

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB4089

Relating to the regulation of the cultivation, manufacture, processing, distribution, sale, testing, transportation, delivery, transfer, possession, use, and taxation of cannabis and cannabis products; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB1208

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 local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.

TX HB169

Relating to the regulation of the cultivation, processing, packaging, labeling, distribution, sale, testing, transportation, delivery, transfer, storage, dispensing, possession, use, and taxation of cannabis and cannabis products and local regulation of cannabis establishments; authorizing the imposition of fees; requiring an occupational license; creating a criminal offense; imposing a tax.