Texas 2025 - 89th 1st C.S.

Texas Senate Bill SB54

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

Should SB54 be enacted, it will significantly impact existing state laws governing cannabis. It aims to standardize practices across local jurisdictions, prohibiting local regulations that excessively restrict cannabis operations. Local governments may still regulate aspects such as operating hours or business conduct, but they would be unable to broadly outlaw or unreasonably constrain cannabis activities. This centralization of cannabis regulation is intended to ensure that businesses can operate efficiently and consistently within the state's legal framework, aligning with public health interests while promoting economic development.

Summary

Senate Bill 54, titled the Texas Regulation of Cannabis Act, seeks to establish a comprehensive regulatory framework for the cultivation, manufacture, processing, distribution, sale, testing, transportation, and possession of cannabis and cannabis-related products. The bill proposes to create a new chapter in the Health and Safety Code, which includes defining key terms related to cannabis. It allows adults aged 21 and over to possess certain amounts of cannabis and establishes a licensing system for cannabis establishments, growers, and transporters. Additionally, in line with advancing public health and safety, it introduces strict safety and quality control requirements within the industry.

Contention

The bill does not come without controversy. Critics argue that despite promoting state-level regulation, it could strip local governments of the autonomy required to cater to their community's specific needs. There are also discussions around tax implications; the bill imposes a 10% sales tax on cannabis products. Furthermore, the expunction provisions for certain cannabis-related offenses are seen as essential for addressing past injustices. However, some stakeholders are concerned about the sufficiency and fairness of the expunction process, questioning its adequacy in providing relief for those affected by prior cannabis-related convictions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Agriculture Code

  • Chapter 1. General Provisions
    • Section: New Section

Government Code

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

Health And Safety Code

  • Chapter 443. Manufacture, Distribution, And Sale Of Consumable Hemp Products
    • Section: New Section
    • Section: 2025
  • Chapter 481. Texas Controlled Substances Act
    • Section: 062

Tax Code

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

Companion Bills

No companion bills found.

Previously Filed As

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.

TX HB3620

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 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 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 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 SB269

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