Texas Cannabis LedgerTexas Senate cannabis candidates 2026: promises, records and arrest data
James Talarico supports federally legalizing regulated adult-use marijuana and expunging related records. Libertarian Ted Brown has called for broader federal deregulation and repeal of Texas prohibitions. Ken Paxton’s campaign issues page does not list a cannabis plan; his record as attorney general includes lawsuits against five Texas cities over local marijuana policies. Here is what the candidates have said, what their records show, and what the latest Texas arrest data can—and cannot—add.
Where do the 2026 Texas U.S. Senate candidates stand on cannabis?
Talarico’s campaign supports federal legalization, regulated adult sales, and expungement. Brown supports removing cannabis from federal scheduling and repealing Texas adult-use prohibitions. Paxton’s campaign has not published a cannabis position on its issues page; his attorney-general record includes lawsuits challenging five cities’ marijuana policies. Texas DPS data supplies a baseline for reported enforcement records, not a forecast of any candidate’s impact.
This is a source-based comparison, not an endorsement or a candidate scorecard. Campaign promises, actions taken in another office, and public records are labeled separately. The candidates’ answers can change; links below point to the underlying statements and records.
What the candidates say—and what the public record shows
James Talarico (Democrat)
Campaign proposal: Talarico’s Public Safety & Justice platform says he would support legalizing regulated marijuana for adults, using taxes from sales to support public safety and health programs, and expunging criminal arrest records related to marijuana use. The platform says law enforcement should focus on violent crime rather than low-level marijuana offenses.
How to read it: This is a federal Senate campaign promise. It is not a change in Texas law, and a senator cannot enact it alone. Texas adults’ unauthorized possession remains criminalized under state law.
Ken Paxton (Republican)
Campaign proposal: As of October 19, 2026, Paxton’s campaign issues page does not list a cannabis or marijuana policy. That absence should not be mistaken for a direct statement of his position. In an August interview about Texas THC restrictions, Paxton said he did not know the details, according to KSAT’s candidate Q&A.
Public record: While serving as Texas attorney general, Paxton’s office sued Austin, San Marcos, Killeen, Elgin, and Denton over local marijuana policies. That is an action taken in his former state office; it is not a Senate platform plank. The lawsuit announcement describes the state’s argument, not a neutral finding about the merits of each city’s policy.
Ted Brown (Libertarian)
Candidate statement: In KSAT’s published Q&A, Brown said he would remove cannabis from the federal controlled-substances schedule, oppose federal marijuana laws, repeal Texas prohibitions on adult cannabis use, and expunge marijuana records. His proposal is broader than the Talarico platform as stated in their respective sources.
What Texas law and the latest data show
The Texas State Law Library says recreational marijuana remains illegal in Texas; the state code makes unauthorized possession a criminal offense. Texas has a separate, limited Compassionate Use Program for eligible patients.
The Ledger sums marijuana-coded adult and juvenile records from the Texas DPS Computerized Criminal History county/offense workbook. The source workbook was published January 13, 2026; 2025 is the latest arrest year in this dataset. These are aggregate records—not a count of unique people or necessarily unique arrest events.
Five major-county records in 2025
These are county totals, not city-only figures. Houston, Dallas, Fort Worth, San Antonio, and Austin are reference points; city boundaries do not match their counties.
| County | City reference | Marijuana-coded records | Possession-coded records |
|---|---|---|---|
| Harris County | Houston | 1,553 | 1,550 |
| Dallas County | Dallas | 2,945 | 2,908 |
| Tarrant County | Fort Worth | 3,803 | 3,665 |
| Bexar County | San Antonio | 1,205 | 1,182 |
| Travis County | Austin | 501 | 470 |
See the full statewide annual table, open any county record, or read how the Ledger defines and calculates these figures.
What this baseline cannot tell us
The dataset does not identify which agency made an arrest, separate city limits from the rest of a county, show charges or case outcomes, or prove why counts differ between places. It cannot show how many records any candidate’s proposal would prevent. It is a description of the latest published baseline—not a model of a future law.
There is also a difference between federal and state policy. A senator can introduce and vote on federal legislation, but changing federal law would not by itself enact a Texas adult-use retail system. State law and implementation would still matter. Voters looking beyond the Senate race can consult the 2026 Texas cannabis voter guide from the Texas Cannabis Policy Center and Marijuana Policy Project, which covers statewide candidates and explains its ratings and survey basis.
Sources and updates
Campaign material and public records were reviewed October 19, 2026. For the exact wording and current legal status, use the linked primary sources. TCL’s current data series covers 2023–2025; later DPS releases may change the baseline.