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Tuesday, April 23, 2024 | Back issues
Courthouse News Service Courthouse News Service

Drug Reform Moves Forward in Deep-Red Texas

The reforms in Texas mirror those in other states, where voters and lawmakers are taking a fresh look at federally controlled substances.

(CN) — Drug reform is seeing some wins after an otherwise conservative Texas legislative session. The Republican-controlled statehouse this year passed a range of modest reform measures, proving that even in right-wing states, some politicians are moving beyond the war on drugs.

Unless Republican Governor Greg Abbott vetoes the bills — and observers don’t expect he will — Texas will soon expand its medical cannabis program, allowing for new conditions and raising the caps on THC, the main active component in marijuana. Lawmakers also agreed to study several federally controlled drugs — including psilocybin, ketamine and MDMA — and their effects on veterans with post-traumatic stress.

Lawmakers also passed or nearly passed several other measures, making it a relatively productive session for drug reform by Texas standards. These reforms come amid what Abbott has called “the most conservative legislative session in a generation.”

Drug reform has long been seen as a liberal issue — but in Texas and beyond, Republicans are also increasingly voting for reform efforts. In Mississippi and South Dakota, residents last year voted for ballot measures to legalize medical and recreational marijuana, respectively.

To understand the shifting political winds in Texas, it helps to look to state Senator Brian Birdwell, a Republican representing an area just south of Fort Worth. During the last legislative session in 2019, Birdwell drew ire from advocates when he spoke for 20 minutes about his “highly guarded sense of danger” towards marijuana.

He warned that cannabis reform was a “road to perdition.” He implied that marijuana use was linked to murders. A bill that year to expand the state’s medical cannabis program was heavily watered down, stymying veterans suffering from PTSD who lobbied hard to be in the program.

During this session, as always, marijuana reformers in Texas didn’t get everything they hoped for. But they made progress nonetheless — and this time, even Birdwell was on board.

When a bill to expand the state’s medical cannabis program arrived at one of Birdwell’s senate committees, there were no fiery speeches. Instead, Birdwell voted unanimously with his colleagues to allow patients with cancer and PTSD into the program — a far bigger expansion than the one he opposed just two years ago.

Birdwell did not respond to a request for comment, including to ask if and why his views on marijuana have evolved since 2019. But among Texas Republicans, the shifting attitudes on drugs mirror the situation nationwide.

Texas has had Republican control for decades and does not have ballot measures, meaning state voters must rely on lawmakers for reform. The state’s Compassionate Use Program, which only allows for low-THC cannabis products, is one of the most restrictive medical marijuana programs in the country.

Heather Fazio, executive director for Texans for Responsible Marijuana Policy, has spent years lobbying state lawmakers for reforms. Progress has been slow since 2015, when the state first passed the Compassionate Use Program.

There were some big disappointments this year, including the ultimate failure of a bill to eliminate felony punishments for marijuana concentrates like those found in edibles. But grading on a curve for Texas, she said it was a “good session” for advocates and patients.

Outside the Legislature, polling shows that Texans support expanding medical marijuana or legalizing the drug altogether. In a March poll by the University of Texas and Texas Tribune, 60% of Texans said marijuana should be legalized completely, while another 28% said it should be legalized for medical purposes only.”Only 13% said it should not be legal at all.

Polling by the Hobby School of Public Affairs at the University of Houston, which compared views on marijuana to political affiliation, shows that even most Texas Republicans support marijuana reform to some degree. Thirty-six percent said medical marijuana should be legal with a prescription, and 23% said possession of small amounts should be legal. Thirteen percent said possession of any amount should be legal, for a total of 72% of Republicans.

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Mark Jones, a political science professor at Rice University, helped run the Hobby School’s polling. If Texas had ballot measures, he says Texans would likely vote for marijuana reform.

“Medical marijuana would pass without question,” he said. Full legalization is supported by “a pretty narrow majority” but might also pass “if crafted carefully.” But as Texans instead rely on the whims of state legislators, the Lone Star State is taking “baby steps," he said.

The Texas Capitol building in Austin. (Photo by Kim Broomhall from Pixabay via Courthouse News)

Republican lawmakers are wary of betting on marijuana reform, Jones says, because they much to lose and little to gain from the issue. Though a majority of Republicans support reform, few view it as a priority. On the flip side, many evangelicals and social conservatives are very opposed.

"If you’re pro-marijuana, that’s not gonna bring you many votes in the Republican primary,” Jones explained. If anything, it is a liability.

“Imagine a flyer that says, ‘My opponent is in favor of legalizing marijuana and other dangerous drugs,’” Jones said. “It would cause you more harm than good.”

Support for reform is coming from some unlikely groups, including law enforcement who are tired of making small marijuana arrests. During the legislative session, Staley Heatly, a district attorney in rural North Texas, spoke in support of reducing criminal penalties for cannabis concentrates.

Possession of cannabis concentrates like those found in edibles is a felony in Texas, meaning a person with a cannabis brownie will suffer much more serious consequences than someone with a joint.

“I don’t know personally any prosecutors that are against this legislation,” Heatly told lawmakers. “I think it has broad support in our profession.”

In an interview, Heatly said his office has seen a growing number of felony arrests for people with marijuana concentrates, including small quantities of edibles or a vape pen. U.S. Highway 287, which runs through his district, is a major artery for travelers from Colorado.

Since 2017, around 220 people facing felony charges have completed pretrial diversion with his office, almost all of them “people with no criminal history” and very small quantities of marijuana products.

“We could do something better with our resources,” Heatly said.

While Texas plays catch-up on marijuana reform, other federally controlled substances like psilocybin are also slowly winning the hearts and minds of conservative voters in the Lone Star State.

Take Amber and Marcus Capone, two Dallas-area residents who describe themselves as Christian conservatives. Illegal drugs were never a big part of their lives, nor did they have positive views towards people who used them.

But as Marcus, a veteran, struggled with PTSD, the family grew desperate for relief. In 2017, Marcus traveled to Mexico for treatment, where he says he saw big improvements from using ibogaine, a federally controlled psychedelic.

These days, the Capones have very different views on psychedelic drugs. The couple now runs VETS — Veterans Exploring Treatment Solutions — that helps other desperate veterans find psychedelic care abroad. They traveled to Austin this year, where they spoke in favor of the psychedelics research bill. They argue doctors should be able to offer a wider range of treatment options for veteran patients, rather than the usual mix of anti-depressants and opiates.

When it comes to cannabis, the Capones support reform. “[Veterans] should absolutely be taking cannabis over drinking a bottle of whiskey,” Marcus said. “Alcohol literally kills you,” whereas cannabis has “pretty good anti-inflammatory properties.”

Amber acknowledged her family’s struggles had changed her views on psychedelics in general. “I’ve changed my view on so many things that I would otherwise be opposed to or just very close-minded about,” she said. “I got to that point out of complete desperation.”

Supporting drug reform should be the default conservative position, said John Baucum, a Republican activist and political director for RAMP, or Republicans Against Marijuana Prohibition.

Some Republicans “have this attitude that marijuana and drugs are immoral,” he said. “They can’t see the damage that prohibition brings.”

Drug reform, Baucum argues, aligns with core conservative values, including personal responsibility, individual liberty and limited government.

“I do think people are realizing that the war on drugs is a failure,” he said. “We will win. It’s just a matter of when.”

State Representative Alex Dominguez, a Brownsville Democrat who sponsored the psychedelics research bill, sees growing bipartisan support for drug reform as part of a national paradigm shift. If the late 20th century was shaped by the war on drugs and “Just Say No,” Dominguez predicts that drug reform will define the future.

“Harsh criminal penalties for drug use have not stopped the problem, if you want to call it a problem,” he said. “The younger generation has a different position.” Even some conservatives are “a little more tolerant of legalizing small amounts of personal narcotics," he said.

“I have never smoked a joint in my life,” Dominguez added. “I used to be a prosecutor. I don’t like the smell of it.”

As for past anti-drug crusaders like Senator Birdwell, reformers are conflicted on whether he’s had a change of heart.

“Absolutely not,” said Fazio, the marijuana advocate. "He just doesn’t care that much anymore. So, that’s good for us.”

Dave Bass, founder of Texas Veterans for Medical Marijuana, takes a different view. After Birdwell’s anti-pot speech in 2019, Birdwell "heard from quite a few veterans,” Bass said. “I believe the veterans did have an impact on him.”

Bass suffers from PTSD and has long been vocal about self-medicating with marijuana. Under the reforms passed this year, he will soon qualify for the Texas Compassionate Use Program. He’s eager to join and says he plans to blog and speak publicly about his experiences with the low-THC medicines offered in Texas.

Still, after years of pushing for reform, Bass holds a jaded view towards broader drug reforms in Texas. Asked whether Texans might soon see legal marijuana, he laughed.

“I think that’s a long way off,” Bass said, describing the failure of the concentrates bill as “devastating.” When it comes to marijuana reform in Texas, “I’ve learned the hard way to never be optimistic.”

Follow @stephentpaulsen
Categories / Government, Law, Politics, Regional

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