Texas Democrats Vote on Cannabis Legalization in Primary Ballot
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Texas Democrats Vote on Cannabis Legalization in Primary Ballot

Non-binding referendum asks voters if recreational marijuana should be legal statewide

David Okonkwo
David Okonkwo

Senior Policy Correspondent

February 20, 2026

Democratic primary voters in Texas are deciding whether the state should legalize recreational marijuana through a non-binding ballot proposition during the March 3 election, with early voting already underway.

The advisory question appears only on Democratic primary ballots, giving party voters a chance to signal their stance on cannabis policy reform. While the outcome won't directly change state law, it provides Democratic lawmakers with a gauge of voter sentiment on legalization.

Texas has some of the nation's strictest marijuana laws. Possession of any amount remains a criminal offense, though the state does operate a limited medical cannabis program restricted to patients with specific conditions like epilepsy. A 2019 bill expanded the program slightly, but Texas still prohibits smokable flower and caps THC content at 0.5%.

The Political Landscape

Both major parties in Texas were allowed to include ballot propositions as part of the primary election process. The Republican Party chose not to include any cannabis-related questions on their ballot.

The Democratic proposition comes as polling shows growing support for legalization among Texas voters across party lines. A University of Texas/Texas Tribune poll from last year found 53% of Texans support legalizing marijuana for recreational use, with even higher numbers backing medical access.

But Republican leadership in the state legislature has consistently blocked reform efforts. Lieutenant Governor Dan Patrick, who controls the Senate agenda, has called marijuana a "gateway drug" and vowed to prevent legalization bills from advancing.

What This Means for Reform

Policy analysts say the ballot question serves multiple purposes for Democrats. It drives turnout among younger and progressive voters who support legalization. It also creates talking points for candidates in competitive districts where cannabis reform polls well.

"These advisory votes don't carry legal weight, but they do carry political weight," said Josh Yablon, a Texas-based cannabis policy consultant. "If Democrats see strong support in suburban districts that are becoming more competitive, that could influence their legislative strategy."

The Texas Legislature meets in regular session only every two years. The next session won't begin until January 2021, meaning any legalization push would need to wait at least until then—and would still face steep odds in the Republican-controlled statehouse.

Industry Eyes Texas Market

Cannabis companies have long viewed Texas as a potential game-changing market due to its size and population. The state's 29 million residents would make it the second-largest legal market in the country if recreational sales were permitted.

Several multi-state operators already hold licenses in Texas's medical program, positioning themselves for potential expansion. But the restrictive nature of current law has limited business opportunities and kept prices high for patients.

What's Next

Primary election results will be tallied on March 3. If the legalization proposition passes with strong margins, Democratic candidates will likely highlight the results when pushing reform bills in future legislative sessions.

Meanwhile, advocates continue working on more modest reforms. Bills to decriminalize possession of small amounts and expand the medical program are expected to be filed again when the legislature reconvenes, though their prospects remain uncertain under current leadership.

Early voting for the primary runs through February 28, with Election Day on March 3.


This article is based on original reporting by www.marijuanamoment.net.

Original Source

This article is based on reporting from Marijuana Moment.

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Original title: "Marijuana Legalization Is On The Ballot In Texas During The Primary Election That’s Happening Now"

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