Texas Marijuana Policy Advocacy Workshop January 2020 - - PowerPoint PPT Presentation

Texas Marijuana Policy Advocacy Workshop

January 2020

#TxMJWorkshop

Welcome!

Heather Fazio

Director, Texans for Responsible Marijuana Policy

Texans for Responsible Marijuana Policy, a broad coalition of organizations, activists, and community leaders dedicated to realizing effective, efficient, and evidence-based marijuana policies in Texas.

Today’s Agenda

Texas Political Cycle

Political Timeline, Overview of Legislative Process Review Current Marijuana Policy in Texas Objective for Reform in 2021

Interim Interactions

Participating in the Elections and Party Conventions Interim Charges Connecting with Lawmakers: Where to Start!

Jax Finkel

Executive Director Foundation for an Informed Texas (FIT)

FIT was founded in 2016 to provide Texas citizens with cannabis knowledge. Our mission is to provide timely, expert information to citizens, legislators, regulators, medical professionals and law enforcement on the most pressing topics in the cannabis arena.

Why Activism Is So Important

• No Ballot Initiative Option
• HB 2231 from 1997
• Reliant on elected Texas State Senators and

Representatives

Political Cycle

• Voters must register by February 3rd, 2020 to participate in Primary

Elections

• Early voting will take place from February 18-28th, 2020
• Primary Elections will be held March 3rd, 2020 to determine parties’

candidates

• Candidate Runoff Election will be held May 26th, 2020
• During the summer, political parties hold state conventions to update their
• platforms. These are very important because it give guidance to elected
• fficials and helps the Party craft their messaging.
• Voters must register by October 5th, 2020 to participate in General

Elections

• Early voting will take place from October 19-23rd, 2020
• General Elections will be held November 3rd, 2020
• Legislators start to prefile bill on November 9th , 2018

86th Legislature - 2019

Record number of bills introduced ranging from affirmative defense to full adult use legalization. Thousands of calls and emails, hundreds of Texans visited the Capitol to advocate on lobby day and on their own.

• Educational Exhibits
• Legislative Briefings
• Resource Materials for Lawmakers
• Direct Actions

Legislative Process

• Meets every 2 years
• 140 day in each session

Texas Hemp Program

HB 1325 authored by Representative Tracy O. King | Sponsored by Senator Charles Perry Passed Unanimously in Both Chambers and Signed by the Governor on June 10th, 2019

• Development of new commercial markets for farmers and businesses through the legal sale of

hemp products

• Allowing farmers and businesses to cultivate, handle, and process hemp and sell hemp products for

commercial purposes

• Allowing manufacturing of hemp products
• Empowering research into hemp production and hemp products at institutions of higher education

and in the private sector so that Texas and its citizens can move to the forefront of the hemp industry

• Creating regulation for human consumable hemp products
• Establishing a regulatory and licensing framework

Texas Hemp Program

• Texas Department of Agriculture (TDA) has sent hemp production plans to USDA. The

plans are currently under review. The plan must be approved and finalized before TDA can begin granting licenses to legally grow hemp in Texas.

• The Texas Department of State Health Services (DSHS) has oversight over creating

the regulation surrounding the Consumable Hemp Product Program. DSHS has taken public comment on draft regulations and will be releasing an updated version for comment in the future.

• There is an interim charge surrounding hemp. This means that a hearing will be held

during the interim to monitor and oversee the implementation.

• We will keep you updated on opportunities for regulatory advocacy.

Texas Compassionate Use Program

Low-THC Medical Cannabis Access

The Texas Compassionate Use Program (T.CUP) was established in 2015. The Legislature expanded the program in 2019, providing access to low-THC cannabis for those with a few medical conditions. Here’s an overview of the program under current law: Limited Patient Access

• Dosing is restricted to .5% THC, but there are no restrictions on other cannabinoids and terpenes.
• Patients with the following qualifying conditions may participate in the program:

○ All epilepsy and seizure disorders, ○ Multiple sclerosis or spasticity, ○ Terminal cancer or incurable neurological disorders (Alzheimer’s, Parkinson’s, etc.), ○ Autism or Amyotrophic lateral sclerosis (ALS).

• Three dispensary locations with statewide delivery is available.
• Limited public list of participating physicians.

Texas Compassionate Use Program

Participating Physicians must be Specialists

• To participate, a physician must be board certified in a medical specialty relevant to the

treatment of the patient’s particular medical condition by a specialty board approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists. The physician must dedicate a significant portion of their clinical practice to the evaluation and treatment of the patient’s particular medical condition. Business Licensing and Regulation

• The Department of Public Safety (DPS) is the regulating authority for our state’s medical cannabis
• program. Rules are developed and maintained by the Public Safety Commission, which is

comprised of five members appointed by the governor.

• Three businesses are currently licensed by DPS to cultivate, manufacture/process, and dispense

low-THC cannabis. To ensure reasonable statewide access, dispensaries may deliver medicine throughout the state and the department may issue additional licenses. Licensing fees for licensed businesses are nearly $500,000 for the first two years and more than $300,000 every two years for renewal. Details about the rules and regulations can be found on the DPS website.

Compassion Should be Inclusive

Expand the Texas Compassionate Use Program

Allow safe and legal access to cannabis for those with debilitating medical conditions. Allow doctors to determine appropriate dosing for individual patients.

Texas Compassionate Use Program

Establish patient protections to eliminate the threat of being to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing. Parental rights should never be denied and students cannot be subject to any form of discipline solely because of possession or use of their medicine. Authorize independent laboratories that would be licensed and regulated, providing consumer protection with regard to potency and contaminants. Protect physicians by allowing them to certify patients through the state registry, rather than “prescribing” cannabis, an action that would jeopardize their registration with the DEA/their ability to prescribe controlled substances. Also, ensuring they may not be denied any right or privilege or be subject to disciplinary action solely for making a written or oral statement that, in the physician’s professional opinion, the potential benefits of the use of cannabis would likely outweigh the health risks; or participating in research programs.

Possession of Marijuana

“Marihuana” -- Statutory name for cannabis with more than .3% THC. Current State Law

• Up to two ounces of marijuana: Class B misd. punishable by imprisonment of up to six

months and a fine of up to $2,000.

• Between 2-4 ounces of marijuana: Class A misd., punishable by imprisonment of up to 1

year and a fine of up to $4,000.

• Four ounces or more of flower or any amount of oil or concentrated products: Felony!

Number of arrests: More than 60,000 Texans arrested for marijuana possession in 2017.

Conviction Rates:

An estimated 66% of those charged are CONVICTED. A drug conviction for marijuana creates a permanent criminal record and carries significant and lasting collateral consequences.

Possession of Marijuana

Possession of Marijuana

Penalty Reduction Policy Objectives

• One ounce or less of marijuana would be punishable by fine only.
• Individuals should not be arrested or jailed for possession of a small amount
• f marijuana.
• The offense should not generate a criminal record, which can follow a

person for life and jeopardize employment prospects, housing, and educational opportunities.

• The bill would not “legalize” marijuana — it would simply change the penalty.

Texas House Cannabis Related Interim Charges

Public Health Committee

Related to General Monitoring - HB 3703, which expands eligibility for low-THC cannabis prescriptions. Monitor HHSC's rulemaking process.

Texas House Cannabis Related Interim Charges

Agriculture and Livestock Committee

Monitor the agencies and programs under the Committee's jurisdiction and oversee the implementation of relevant legislation passed by the 86th Legislature. Conduct active

• versight of all associated rulemaking and other governmental actions taken to ensure

intended legislative outcome of all legislation, including HB 1325, which relates to the production of hemp. Monitor the Texas Department of Agriculture's (TDA) rules regulating the farming and cultivation of industrial hemp production and sale, including proper permitting, standardized sampling and testing procedures, and tracking appropriate data to promote the hemp program in Texas. Examine the process by which state agencies collaborate, plan, and implement the State Hemp Production Plan with emphasis on farming, cultivation, possession, retail sales, and consumables.

Texas House Cannabis Related Interim Charges

Criminal Jurisprudence Committee

Monitor the agencies and programs under the Committee's jurisdiction and

• versee the implementation of relevant legislation passed by the 86th
• Legislature. Conduct active oversight of all associated rulemaking and other

governmental actions taken to ensure intended legislative outcome of all legislation, including HB 1325, which relates to the production and transportation of hemp. Examine current procedures and resources used to determine the amount of tetrahydrocannabinol in a substance and prosecutorial impediments to ensuring existing state law can be enforced.

Texas Senate Cannabis Related Interim Charges

Criminal Justice Committee

Keeping Vaping Devices/E-Cigarettes Out of the Hands of Children: Consider the emerging public safety concerns from the rise in “vaping” and e-cigarette use by minors. Study whether current criminal penalties are sufficient to deter individuals from selling these devices and substances used to fill these devices to minors.

Texas Senate Cannabis Related Interim Charges

Health and Human Services Committee

Public Health: Examine the emerging public health concerns from the rise in e-cigarette use and "vaping," especially among minors. Determine if additional policies or laws are needed to protect the public's health. Monitoring: Senate Bill 21, including strategies to address tobacco and nicotine use, including e-cigarettes and vaping, by adolescents.

Public Polling - 86% Support Reform

Convention Process

SHOW UP! Election Day, Tuesday March 3rd, after the polls close at 7:00pm, go to your Precinct’s Convention. This is typically held at your precinct’s voting place immediately following polls closing on Election Day, but you should confirm by calling your County Chairman. Republican Party of Texas Convention Training Video:

https://www.texasgop.org/rpt-conventions/

Participate in Elections

• Register to Vote
• Identify Candidates
• Contact Candidates About Marijuana Policy
• Show up for Campaign Events
• Volunteer for Campaigns
• VOTE!

Who Represents You? How did they vote?

www.TexasMarijuanaPolicy.org/VotingRecords

Meeting with Legislators

• Learn about them and how they’ve voted on marijuana bills in previous

legislative session.

• Make your message personal by sharing your perspective as constituent, even

if it’s just that you are a taxpayer who wants to see resources used more

• efficiently. Personal and professional experience are important to share.
• Bring resource materials to leave behind, including a 1-2 page testimonial with

your personal story and contact information.

• Remain polite and professional even if you don’t receive the responses you’re

hoping for.

• Always express gratitude for their time and service to your district.

Thank you!

Contact Us: Jax Finkel - ExecutiveDirector@InformedTexas.org Heather Fazio - HFazio@TXMJPolicy.org