Dec 03, 2014
Class B Misdemeanor, Class C Misdemeanor, El Paso Representative Joe Moody, H.B. 414, Heather Fazio, House Criminal Jurisprudence Committee, Houston Representative Harold Dutton, Marijuana Policy Project, San Antonio Current, Texas, Texas Legislature
As Texas lawmakers prepare for the state’s next legislative session, marijuana policy reform advocates are already pushing for the introduction of several bills that would drastically improve current policies.
According to the San Antonio Current:
On December 2, Houston Representative Harold Dutton, D-142, filed a bill seeking to reduce certain penalties for marijuana possession.
As explained by the Marijuana Policy Project’s Texas Political Director, Heather Fazio, who briefly looked at a copy of the bill (H.B. 414), it would classify a conviction for possession of one ounce or less of marijuana to a Class C Misdemeanor instead of a Class B. However, if a person is convicted three times it would be bumped back to a Class B Misdemeanor.
Moreover, while the bill would allow for cite-and-release, a suspect may also be arrested. If convicted, the fine would be $500.
There are downsides to the bill though, Fazio said. She explained that arrest is traumatizing and may result in negative consequences regarding family and employment. She also thinks the $500 fine is rather excessive. Furthermore, there is the criminal record that comes with a conviction, which for a small-time marijuana charge, results in unnecessary harm to education, employment, and housing.
“We are proposing an alternative. [MPP emphasis added] Our bill will make the possession of 1 oz. or less a civil penalty, removing the opportunity for arrest, jail time, and a criminal record. The fine would cap at $100,” Fazio stated, adding the El Paso Representative Joe Moody, a former prosecutor who serves on the House Criminal Jurisprudence Committee, would introduce the bill in approximately two weeks.
The Marijuana Policy Project and our allies are working to introduce a variety of marijuana policy reform legislation in Texas over the next few years. With all the current excitement and national interest in marijuana policy reform, hopefully Texas lawmakers will join in implementing more sensible marijuana laws when the legislative session convenes.