The topic of recreational marijuana has been a rocky one in the United States. Basically, Democrats are for legalization, and Republicans are against it, and it has been that way for decades. Texas has made moves, mostly in the big cities, to decriminalize it to a point, with Dallas doing a similar proposition recently. That was met with a lawsuit by Texas Attorney General Ken Paxton, calling it unconstitutional, because weed is illegal in the state.
Paxton has always been vehemently against the idea of legalizing marijuana, as most Republicans do. Hemp has gathered support in the state from many, and medicinal marijuana is legal, but that is far removed from the idea of recreational marijuana. But will that ever change in Texas? Could Texas ever flip the scrip, and legalize it for all?
Texas State Representative Briscoe Cain says it would take a major shift in the groundwork of the GOP in the state, because their platform explicitly forbids it.
"It is written by the Texas GOP...in platform 204, it says we oppose the legalization of recreational marijuana," he says. "Plank 137 says the State of Texas shall retain cannabis as a Schedule One drug."
There have been a few bills filed for the Texas Legislative session in 2025 that revolve around cannabis-related reform, including legalization for adults, and expanding the state's restriction on low-THC medical program.
But even if these bills made it out of a committee to the legislative floor. The recreational marijuana bill faces an especially tough climb, and even if it somehow made it out of the lower chambers, the real fight would begin in the House and it would probably be a losing battle.
"I am not sure a bill legalizing recreational marijuana would even make it through the House," says Rep. Cain.
The proposed bill to legalize marijuana for adults would include people 21 and older to possess up to 2.5 ounces, with up to 10 ounces being allowed to be kept at home. In addition, commercial market product would be taxes at 10 percent.
That is what the whole argument boils down to the pro-marijuana crowd. It would be a cash cow for the state, and that money could be then used to help with property tax relief, education, and a variety of other things.
However, what gets left out of those success stories, like get told in Colorado, are the downsides.
"I assume since the government depends on money, they would then encourage things that gets them more taxes... many places have also seen crime increases," he says. "It may be a benefit to look at how other states have done it, and if we were go down this road, we do it right...but now is not that time."
So, until pigs fly, or the GOP does a total 180, Texans will have to deal with marijuana being illegal.