Texas Democrats appear to be fighting for Texans’ freedom when it comes to cannabis use.
Democratic state Rep. John Bucy III prefiled a bill Jan. 9 that seeks to protect government workers, including contractors, from certain drug tests as a condition of employment.
Texas has a medical marijuana program with low-THC cannabis, while hemp-derived products like delta-9 edibles and THC-infused beverages are currently legal in the state. However, many government agencies in Texas require potential employees to be screened for cannabinoids, including legal THC, in pre-employment drug tests.
Texas House Bill 1797, authored by Bucy, would bar state agencies or political subdivisions from establishing a drug testing policy requiring an employee or independent contractor to submit to and pass a drug test that screens for the presence of cannabinoids — including those found in hemp — as a condition of employment or contract.
The bill also would bar state agencies from prohibiting employees or contractors from using consumable hemp products that are currently legal in Texas and prohibits agencies and political subdivisions from barring employees or contractors from obtaining a prescription for or using low-THC cannabis as part of the Compassionate Use Program.
Additionally, Texas HB 1797 would ensure such agencies cannot question employees or contractors about their use of hemp or low-THC cannabis. The bill also outlines legal remedies and protections for individuals who believe a violation took place.
Texas HB 1797 does not apply to peace officers who are elected, employed or appointed by a state agency or political subdivision in Texas, or employees who are required to comply with the U.S. Department of Transportation’s drug testing regulations.
If passed, this bill would take effect on Sept. 1, 2025.
Texas House Bill 1797 is one of many bills that have been prefiled leading up to the 89th Texas Legislature, which starts Jan. 14.
In December 2024, Texas Lt. Gov. Dan Patrick announced Texas Senate Bill 3. This bill, according to Patrick’s announcement, looks to ban all forms of consumable THC, including that found in hemp. The only cannabis products that would be safe from the ban are those in the state’s medical marijuana program. However, the text for SB 3 has yet to be filed.
Cannabis businesses and hemp industry advocates in Texas have expressed their disdain over a possible all-THC ban in the state. Jae Graham, the cofounder of a cannabis dispensary in Austin called Maryjae, previously told LoneStarLive.com that such a ban would be “devastating to small businesses” like hers.
Daryoush Austin Zamhariri, the executive director of Texas Cannabis Collective, called the proposed THC ban “tremendously out of step with the overwhelming majority of Texans.”
A recently filed bill in the Texas House looks to protect prospective government employees who use cannabis. Here’s what you should know. Read More
