The 90th Legislature convenes January 12, 2027
Texas won't legalize marijuana until the people who block it lose elections.
In 2025 the Legislature passed a total ban on THC products, the Governor vetoed it, and two more attempts died. Then on July 31, 2026 most THC in Texas became a Schedule I controlled substance anyway, by agency rule, with no vote taken. The Legislature you elect on Tuesday, November 3, 2026 decides whether that becomes permanent law.
This site grades every Texas legislator on what they did: the votes they cast, the bills they wrote, and what they said on the record. No surveys.
64
Allies in office
graded B or better
107
Blockers in office
graded D or F
5
Roll calls scored
every vote sourced
59
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. The same measure would also bar the Houston Police Department from carrying out no-knock warrants.
Who's fighting for legalization
Clean voting records, strongest evidence first.
- 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
Who's blocking it
Voted to prohibit at every opportunity. Bill authors listed first.
- 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
Every step below links to the record it comes from.
-
1
March–May 2025
A total ban passes both chambers
Senate Bill 3, a total ban on consumable THC, authored by Sen. Charles Perry as the Lieutenant Governor's top priority. 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, doing by fiat what the Legislature would not pass.
Office of the Governor -
5
May 1, 2026
The Supreme Court reopens 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. What the Legislature refused to pass three times arrived by agency rule instead.
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
What your ballot decides
Not whether THC is banned. What Texas does about it.
Two governments moved while nobody voted: a state agency rule in July and a federal redefinition in November. Between them, the question Senate Bill 3 was fighting over is largely settled before the 90th Legislature convenes. What the Legislature you elect still decides is real and it is specific — the medical program, which it expanded in 2025 and can expand again or cut; whether possession of what was legal in July stays a state jail felony; how hard Texas enforces any of it; and whether Perry's ban goes into state statute on top of the federal floor. He has said he will file it again.
CBS Austin -
9
November 12, 2026
Congress narrows the definition, nine days after you vote
The hemp provisions Congress passed in the shutdown-ending spending act on November 12, 2025 take effect one year to the day later. Hemp is redefined as total THC including THCA at or under 0.3%, finished products are capped at 0.4 milligrams of total THC per container, and cannabinoids synthesized outside the plant are excluded outright. That reaches most of what is still on Texas shelves — including the delta-9 drinks and edibles Senate Bill 3 was written to ban. No Texas legislator votes on this.
Perkins Coie analysis of H.R. 5371
Where the grades come from
Candidate questionnaires go blank when candidates ignore them. Recorded votes don't. Every grade here traces to a vote, a bill, or a dated quote you can open yourself, including the 4 sitting members we found no record for, who are marked Unrated. The weights and every manual override are published in full.