The Blunt Truth: High Aspirations for Recreational Marijuana in Texas
Coalition Policy White Paper
GOVT 2306, Fall 2015
I. Introduction:
Some would say it is the highest of times, while others might say it is the lowest of times.
Marijuana has come to the forefront of political fields throughout the nation and Texas is no
exception. If we are to understand why this is, first we must identify what marijuana even is
itself. Marijuana, or marihuana as it is sometimes spelled, goes by a seemingly endless list of
synonyms. Bud, weed, good herb are all monikers that are sometimes used. What the substance
truly is, is cannabis. (NORML, 2015) Cannabis is a plant that grows naturally in a variety of
climates, but can flourish quite well in Texas. This plant when smoked has both psychedelic and
medicinal effects making it confusing as it has both recreational and medicinal properties.
(NORML, 2015) For simplicity’s sake, we will use the word “marijuana” as the only term for
this substance. Marijuana is the third most popular recreational drug in America behind only
alcohol and tobacco. The possession and sale of marijuana is currently illegal and punishable by
law in the state of Texas. This policy of an unconditional ban of the drug is commonly referred to
as prohibition. It is our contention that Texas would greatly benefit from ending this prohibition
in a number of unique ways.
II. Status Quo in Texas Regarding This Issue
Marijuana has not always been the illicit substance it is today. In the early 1900’s it was perfectly
legal to possess it. (Burnett & Reiman, 2014) You could even purchase it at a store as an over-
the-counter remedy in pharmacies. Around 1910, there was a rise of immigration from Mexico
after the Mexican Revolution. (Burnett & Reiman, 2014) People began associating the drug with
these immigrants even though marijuana use wasn’t particularly prevalent. This association
combined with xenophobia was the beginning the negative social view of marijuana. By the
1930’s, the Marijuana Tax Act was passed which effectively banned both the possession and sale
of the drug. (Burnett & Reiman, 2014) Marijuana is definitely not legally accepted in Texas at
this time. Both the possession and sale of the substance is punishable by law. (TCSA, 1989)
Possession of 2 ounces or less of marijuana carries a maximum penalty of 180 days in jail and a
fine of up to $2,000 (TCSA, 1989). Possession of more than 2,000 pounds of marijuana is a felony,
punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and
a fine of no more than $50,000 (TCSA 1989). This may change in the future as the Texas
legislature is considering whether or not to legalize marijuana use to adults which would no
longer subject them to the penalties (NORML, 2015)