A Democrat running in a conservative Texas House district releases ad of her firing up a “federally legal hemp product” as a fundraising effort
Biden administration plans big marijuana rule changes
The federal government’s plan would recategorize pot, once deemed highly dangerous, addictive and without medical use, as a prescribable medication.
Democratic state House candidate Sally Duval gave a direct answer to a question about why she made a political video ad of her sparking up a joint, while sitting in a comfortable lawn chair with the bucolic Texas Hill Country in the background, to promote her underdog candidacy in a conservative district against a popular Republican incumbent.
“Maybe we’ll get some attention and raise some money,” the 59-year-old businesswoman said in an interview with the American-Statesman a few days after posting the video on social media this month. “I believe that the recreational use of marijuana, or cannabis, whatever you want to call it, should be legalized. I think having a regulatory regime similar to that of cigarettes and alcohol and liquor, beer, stuff like that, seems quite reasonable to me.”
Her tactic worked, at least to a degree, she said. Since the post went live Sept. 9, her campaign has taken in about $1,000 a day in contributions, she said. But not quite enough to cover the production cost for the video that ends with her taking a hit off a bong while coughing and laughing. The tagline voice-over says, “I’m Sally Duval, and I believe it’s high time for change in Texas.”
Duval is running to unseat Carrie Isaac, who is seeking reelection to a second term, in House District 73, which includes Comal County and parts of Hays counties, southwest of Austin. Isaac, who has lived in Hays County since the mid-2000s, was elected to the open seat in 2022 with 70% of the vote against her Democratic opponent.
The decision by Duval to make legalizing marijuana the most visible theme of her candidacy comes at a time when public attitudes toward marijuana use and possession appear to be moving away from the “just say no” mantra of generations past. In 2023, the Texas House passed legislation by a bipartisan 87-59 vote to decriminalize small amounts of marijuana and related paraphernalia.
Isaac voted against that bill by El Paso Democrat Joe Moody. Her campaign did not respond to a Statesman email asking about legalization efforts. Moody has introduced versions of his bill for several sessions but has never been able to push it over the finish line to become law. The measure was never considered in the Senate.
However, a year earlier, voters in Austin, San Marcos, Killeen, Denton and Elgin voted to decriminalize marijuana in their cities. This year, voters in Dallas, Bastrop and Lockhart will vote on similar measures. Voters in Lubbock in May rejected decriminalization.
More: Judge dismisses Ken Paxton’s lawsuit seeking to nullify Austin’s marijuana ordinance
Kevin Lawrence, executive director of the Texas Municipal Police Association, which represents about 33,500 local, county and state law enforcement officers statewide, said rank-and-file membership is likely split 50-50 on marijuana decriminalization and the association has not weighed in on local efforts. The organization as a whole opposed Moody’s bill, Lawrence said, but on fairly narrow grounds.
“As of yet, we still don’t have a court-accepted, scientifically approved field sobriety testing system for marijuana in Texas,” Lawrence said. “We are concerned that that if we, if we legalize marijuana in Texas, we’re going to have more people driving while under the influence, and no really good way for enforcement to take place.”
Dallas Police Chief Eddie Garcia is taking a more forceful view of the proposal that would decriminalize the possession of 4 ounces of marijuana in his city
“In my opinion, 4 ounces is not a small amount for personal use,” Garcia told the Dallas City Council in August. “Four ounces can contribute to 38 different drug transactions. And who prospers? Drug dealers and drug houses prosper.”
More: Is pot legal now? Despite big marijuana news, it’s still in legal limbo.
That would lead to a lower quality of life, especially in already-struggling neighborhoods, Garcia said.
Duval said Texas law regarding the sundry products of the cannabis plant is confusing. Medical cannabis in limited instances is legal in Texas. Gov. Greg Abbott signed a law in 2019 that tracks a federal law from the year before making hemp legal, which opened the door for the legal sale of certain THC edibles, such as gummies. Recreational use of marijuana is not legal in Texas.
The product that Duval smoked in her video, she said, “was one of those federally legal hemp products that you can buy at any store in town.”
In her 90-second ad, she says, “You might already know what’s in this,” as she lights up a joint, “but do you know who has no idea and no way to test it? Law enforcement. They arrest people every day for marijuana possession, but they don’t have the funding to test if it’s illegal marijuana or a federally legal hemp product. Our laws are confusing and unclear.”
Moody’s bill went nowhere in the Senate last year in no small measure because Republican Lt. Gov. Dan Patrick, the chamber’s president, opposed it. Heading toward the 2025 legislative session, Patrick shows no sign that his mind might change on decriminalizing marijuana. He has asked senators to craft a bill to make it clear that less potent, but still intoxicating, cannabis products known as Delta 8 and Delta 9 should be illegal in Texas.
Asked if state leaders fighting legalization, or at least decriminalization, of marijuana are out of touch with public sentiment, Duval replied, “I think they’re rather way behind.”
Texas voters, she added, would probably support a statewide referendum on the topic, if given the opportunity.
“Because Republicans decide what’s on that ballot,” Duval said, “they’re never going to let us have a chance to vote on it.”
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Publish date : 2024-09-16 00:15:00
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