Marijuana: No More Automatic Arrest for Possession in Texas

Dankdude

Well-Known Member
As of September 1, people caught with up to a quarter-pound of marijuana in Texas will no longer automatically be arrested. Under HB 2391, a bill passed by the legislature and signed into law June 15 by Gov. Rick Perry (R), police will have the option of issuing a summons to appear for misdemeanor pot possession, as well as a number of other small-time offenses.

The measure was pushed by conservative legislators as a cost-cutting measure. "We want to get tough on crime, but we also want to get smart on crime," said state Rep. Jerry Madden (R), the bill's author. "Let's not spend a lot of taxpayers' money putting people in jail who don't need to be there," Madden told Fort Worth Star-Telegraph columnist Bud Kennedy last Saturday. "Let's give local police more discretion."

Possession of marijuana remains a misdemeanor punishable by up to a year in jail and a $4,000 fine. But now, instead of using up valuable police time and jail space with marijuana and other misdemeanor offenders, police will have the discretion of just ordering them to show up before a magistrate within 48 hours. If they don't show, the magistrate can issue an arrest warrant.

Other offenses for which police can now issue summonses include petty theft, graffiti, and driving without a license.

"The idea was to free up more county jail space and law officers' time for violent offenders and sex offenders," said Marc Levin of the Austin-based Texas Public Policy Foundation, a conservative organization that lobbied for House Bill 2391. "We looked at how to save counties money. We always came back to the same answer: Take the low-level offenders out of the county jail," he told Kennedy.

Leave it to Texas to wise up about criminal justices priorities, even if just a bit. And it wasn't bleeding hearts, but bleating wallets that did it.
 

Token

Well-Known Member
Cool glad to here more progess here, maybe the medical bill will pass i wrote the officals.:mrgreen: :peace:
 

Roseman

Elite Rolling Society
New Mexico is going to start allowing Medical marijuana in July, that is eleven or 12 states now.
 

abudsmoker

Well-Known Member
As of September 1, people caught with up to a quarter-pound of marijuana in Texas will no longer automatically be arrested. Under HB 2391, a bill passed by the legislature and signed into law June 15 by Gov. Rick Perry (R), police will have the option of issuing a summons to appear for misdemeanor pot possession, as well as a number of other small-time offenses.

The measure was pushed by conservative legislators as a cost-cutting measure. "We want to get tough on crime, but we also want to get smart on crime," said state Rep. Jerry Madden (R), the bill's author. "Let's not spend a lot of taxpayers' money putting people in jail who don't need to be there," Madden told Fort Worth Star-Telegraph columnist Bud Kennedy last Saturday. "Let's give local police more discretion."

Possession of marijuana remains a misdemeanor punishable by up to a year in jail and a $4,000 fine. But now, instead of using up valuable police time and jail space with marijuana and other misdemeanor offenders, police will have the discretion of just ordering them to show up before a magistrate within 48 hours. If they don't show, the magistrate can issue an arrest warrant.

Other offenses for which police can now issue summonses include petty theft, graffiti, and driving without a license.

"The idea was to free up more county jail space and law officers' time for violent offenders and sex offenders," said Marc Levin of the Austin-based Texas Public Policy Foundation, a conservative organization that lobbied for House Bill 2391. "We looked at how to save counties money. We always came back to the same answer: Take the low-level offenders out of the county jail," he told Kennedy.

Leave it to Texas to wise up about criminal justices priorities, even if just a bit. And it wasn't bleeding hearts, but bleating wallets that did it.
its a step in the right direction
 

ViRedd

New Member
Quite a change from "life" for possession of 1 joint in the '60's. I read the dudes interview in playboy in the '70's, he was doin life for 1 joint in Texas. Don't remember all the circumstances, but I certainly stayed out of texas with all my weed.
The extenuating circumstance in that case, Med, was the guy was Black. If I remember correctly, he had a small matchbox of pot on him. Couldn't have been more than an eighth ... probably a lot less even. So, back in the day in Texas, Black + a joint or two equaled life. Bet that wouldn't have happened if the guy was Bubba the Sheriff's son.

Also, back in the 60's there was a billboard just across the California line into Nevada on the road to Las Vegas that read: "Don't gamble with marijuana in Nevada. Possession 20 years ... Sales, life!

Vi
 

kieahtoka

Well-Known Member
Wow, that is quite a big leap. I recently asked norml of the status of HB 758(the one decriminalizing up to an ounce). And I heard that that one had a snowball's chance in hell of getting passed. But now I see that this state isn't being it's 'Hard Ass" self anymore. I'm glad to see thuis kind of stuff happening, now if only they'd make some bills like this regarding growing. Unfortunately I don't think either 758 or this current one cover the growing of cannabis.
 

Token

Well-Known Member
growing in tx isn't anything different then possession legally yet so thats another one for Texas.:mrgreen:
 

kieahtoka

Well-Known Member
They weigh the bud on the plant or the plant itself? cause It's completely unfair to judge a WET plant in the same category as dried bud.
 

Token

Well-Known Member
LOL, They weigh the whole plant with bud and yes wet.


Ps "unfair" lol, atleast it's not a felony.
 

Dankdude

Well-Known Member
I got caught in Texas for growing back in 2000 with 10 plants, I was charged with Simple Possession. I got 2 years probation, had to pay court cost, a $750.00 fine. All in all, with the court cost, the fine and probation fees it came down to around $2,000.00.
What many don't realize is that Texas doesn't have cultivation on their law books, they either charge you with Simple Possession or Manufacturing for distribution.
It depends on the Jurisdiction if they weigh the plants wet or dry. But they weigh the whole plant.
 

abudsmoker

Well-Known Member
wet weight is true. you can get up to 50 lb bust and be out the same day. provided your not a criminal before
 

Token

Well-Known Member
and reason of use, some juges will go easier on people growing for themself as to selling.
 

midgradeindasouth

Well-Known Member
These fart knockers where I live would probably weigh the soil and the pot and the plant for weight.
I mean 3-4 oz's dry would more than likely end up being 15 lbs or so.

They can get creative sometimes.
 

kieahtoka

Well-Known Member
Alright, thanks. And in this town they take the locals and bust their ass to all hell. It's a tourist town so they want all of us to look nice and perfect. A guy here got a year in medium security prison for 5 plants. No priors, just turned 18. They actually WAITED till he turned 18 just so they could go for the bigger sentence.
 
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