Texas House Bill HB3652

Texas 2023 - 88th Regular

• Filed: 3/6/23

Caption

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.

Impact

The passage of HB3652 is expected to significantly impact state laws by introducing a regulated market for cannabis, diverging from the current prohibition. Local governments would be restricted from enacting laws that prohibit or place unreasonable restrictions on cannabis activities that are authorized by the state. Instead, the bill allows for local regulations on operational aspects such as hours of operation and business conduct, thus balancing state control with some local input.

Summary

House Bill 3652, titled the Texas Regulation and Taxation of Cannabis Act, aims to legalize the cultivation, manufacture, sale, distribution, testing, possession, and use of cannabis and cannabis products for adults aged 21 and over. The bill establishes a framework for licensing cannabis growers, establishments, secure transporters, and testing facilities, while setting forth strict regulations concerning security, sales, and distribution practices within the industry. Furthermore, it mandates the collection of a 10% tax on cannabis sales, with revenues allocated to various funds, including education and public safety initiatives.

Sentiment

The sentiment surrounding the bill is deeply divided. Supporters assert that legalization would contribute to economic growth, job creation, and increased state revenue, while also reducing the legal penalties associated with cannabis use. Conversely, opponents express concerns over public health and safety implications, particularly regarding youth access and the potential for increased use. Overall, the conversation reflects a broader societal debate about the ramifications of cannabis legalization.

Contention

Notable points of contention include the permissibility of personal cultivation and the concern that without adequate protections, cannabis may be accessible to minors. Critics of the bill are apprehensive about the clause that prohibits local restrictions as they argue it may eliminate valuable community-level decisions regarding enforcement and regulation of cannabis. Additionally, there are discussions about the adequacy of the regulatory framework to ensure public safety and compliance in a newly established industry.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 1. General Provisions
  • Section: New Section