Texas House Bill HB1228

Texas 2019 - 86th Regular

Caption

Relating to political subdivision regulations, including zoning rules, concerning the cultivation, production, dispensing, or possession of low-THC cannabis.

Impact

The bill aims to standardize the approach across Texas, ensuring that low-THC cannabis remains accessible, while still allowing for local oversight regarding the locations of dispensaries and production facilities. This represents a significant shift in how cannabis-related activities are regulated at the local level, restricting the powers of local authorities to completely prohibit these activities. The bill, if enacted, would apply to all existing and future local laws.

Summary

House Bill 1228 focuses on establishing regulations for political subdivisions concerning low-THC cannabis. It amends the Health and Safety Code to prohibit municipalities, counties, or other political subdivisions from enacting any regulations that would lead to a prohibition against the cultivation, production, dispensing, or possession of low-THC cannabis. While local governments may still set reasonable zoning rules to limit where these activities can occur, they cannot outright ban them.

Contention

Notable points of contention surrounding HB 1228 include the degree of local control that should be maintained by municipalities and counties. Critics of the bill argue that while it is essential to ensure low-THC cannabis is accessible, it is also necessary for local governments to have the authority to manage the effects of such establishments on their communities. Proponents of the bill assert that uniformity in regulation is vital to support the cannabis industry in Texas, promoting economic opportunities without allowing localities to impose bans that could hamper its growth.