The 90th Legislature convenes January 12, 2027
The people elected November 3 will decide what Texas does next on marijuana.
Texas lawmakers passed a THC ban in 2025. Gov. Greg Abbott vetoed it, but an agency rule placed most THC in Schedule I on July 31, 2026. The next Legislature can keep those restrictions, change them, or write them into state law.
Grades are based on votes, bills, and public statements, not candidate surveys.
64
Allies in office
graded B or better
106
Blockers in office
graded D or F
5
Roll calls scored
89th Legislature
13
Days to the election
Tuesday, November 3, 2026
City of Houston · you vote on this directly
The Houston Freedom Act
A city charter amendment that would require the Houston Police Department to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest possible priority, bar marijuana odor alone as probable cause for a search, and end no-knock raids by requiring officers serving a search warrant to knock, announce themselves and wait at least 15 seconds before entering.
Most supportive of legalization
- A
Sarah Eckhardt D · Senate District 14 - A+
Molly Cook D · Senate District 15 - A
Judith Zaffirini D · Senate District 21 - A
Carol Alvarado D · Senate District 6 - A
Nathan Johnson D · Senate District 16 - A
José Menéndez D · Senate District 26
Most opposed to legalization
- F
Charles Perry R · Senate District 28 - F
Angela Paxton R · Senate District 8 - F
Bob Hall R · Senate District 2 - F
Paul Bettencourt R · Senate District 7 - F
Donna Campbell R · Senate District 25 - F
Kevin Sparks R · Senate District 31
How Texas got here
-
1
March–May 2025
A total ban passes both chambers
Sen. Charles Perry introduced Senate Bill 3, a total ban on consumable THC and a top priority of Lt. Gov. Dan Patrick. The Senate voted 25 to 6, the House 87 to 54.
Texas Legislature Online -
2
June 22, 2025
Abbott vetoes it
The Governor kills the ban, arguing it conflicts with federal law, and calls a special session to regulate hemp instead of prohibiting it.
Office of the Governor -
3
July–August 2025
Two more attempts fail
Senate Bill 5 passes the Senate and dies in the House. Senate Bill 6 passes the Senate and dies in committee. The Legislature adjourns having written no framework into law at all.
Texas Legislature Online -
4
September 10, 2025
Abbott regulates by executive order
Executive order GA-56 directs state health, alcohol and public safety agencies to restrict hemp products without banning them, after lawmakers failed to pass a statewide framework.
Office of the Governor -
5
May 1, 2026
Court clears the way for a 2021 rule
In DSHS v. Sky Marketing Corp., No. 23-0887, the Texas Supreme Court holds that the state health department had the authority to classify hemp-derived THC other than delta-9 as a Schedule I controlled substance back in 2021. The injunction that had blocked that rule since November 2021 falls with the ruling, though products stay on shelves for another three months while a rehearing motion is filed and denied.
Supreme Court of Texas, No. 23-0887 -
6
July 31, 2026
Most THC is banned without a vote
The reinstated rule takes effect. Delta-8, delta-10, THCP, THCA flower and every synthetic THC become Schedule I, and possession becomes a state jail felony. Around 14,000 registered hemp retailers are covered.
The Texas Tribune -
7
August 9, 2026
A federal judge lets the ban stand for now
Hemp businesses sue in federal court in Galveston, arguing the rule is preempted by the 2018 farm bill and burdens interstate commerce. Judge Jeffrey Brown denies their emergency request to pause it, finding they had not shown irreparable harm. Their request for a preliminary injunction, which gets fuller briefing and an evidentiary hearing, is still pending, and a separate state appeal is still live at the Fifteenth Court of Appeals.
The Texas Tribune -
8
August 20, 2026
Businesses sue over enforcement
Four hemp businesses sue the health department in Travis County district court over its detention of products containing naturally occurring THCA, its $10,000 manufacturer and $5,000 retailer fees, and what they call an illegal monopoly for the state's medical licensees.
The Marijuana Herald -
9
September 2, 2026
Congress delays most of the federal deadline to December 11
Congress delayed most of the new federal hemp restrictions from November 12 to December 11, 2026. The November date still applies to cannabinoids a cannabis plant cannot produce. The December rules reach most of the delta-9 drinks and edibles still sold in Texas.
Marijuana Moment -
10
What your ballot decides
What the next Legislature can still change
State and federal rules will already restrict most THC when the Legislature convenes. Lawmakers can still change the medical program, criminal penalties, and enforcement policy, and decide whether to put those restrictions into state law. Sen. Charles Perry says he will file another ban.
CBS Austin
Where the grades come from
4 sitting members have no record and are marked Unrated. The weights and every manual override are published in full.