Voters who participated in the Texas Democratic primary on Tuesday overwhelmingly approved a ballot question calling for the legalization of marijuana and the automatic expungement of past low-level cannabis convictions, according to preliminary election results.
With 92 percent of polling locations reporting as of Wednesday morning, roughly 80 percent of Democratic primary voters backed the non-binding proposition, while 20 percent opposed it.
The measure, placed on the ballot by the Texas Democratic Party, asked voters whether “Texas should legalize cannabis for adults and automatically expunge criminal records for past low-level cannabis offenses.” Though the vote does not change state law, it offers a snapshot of how a segment of the electorate feels about marijuana reform in a state where cannabis remains broadly prohibited.
Texas operates under an open primary system, meaning voters can choose to participate in either party’s primary regardless of party registration. There was no marijuana-related question on the Republican primary ballot.
The results come amid broader debate over cannabis policy in the state. A statewide poll released last month found that 40 percent of voters disapprove of how state leaders have handled marijuana and THC-related issues, compared to 29 percent who approve. Another survey published last year found a plurality of Texans want marijuana laws to be made “less strict.”
While adult-use legalization remains stalled at the Capitol, state agencies have taken steps to expand access to medical cannabis and regulate hemp-derived products. In December, the Texas Department of Public Safety conditionally approved nine new medical marijuana business licenses under a recently implemented expansion law. Three additional dispensary licenses are expected to be issued by April 2026, a significant increase from the three dispensaries currently operating statewide.
The Texas Department of State Health Services has also finalized rules allowing physicians to recommend new qualifying conditions for cannabis patients and setting standards for low-THC inhalation devices.
Meanwhile, Gov. Greg Abbott last year vetoed legislation that would have effectively dismantled the state’s hemp market, prompting regulators to pursue new rules on age restrictions, licensing, testing and packaging for consumable hemp products.
Lawmakers from both parties have signaled that additional hemp and cannabis legislation could be on the table next session, as pressure builds to modernize Texas marijuana policy.
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