Instead of automatically being arrested, Texas counties may allow police to issue citations to adults caught with less than four ounces of marijuana. Though possession is still a crime, the citation law was a definitely a step taken by the Republican-controlled 2007 Texas Legislature to alleviate the punishments associated with marijuana possession and perhaps lay the groundwork for decriminalization of the substance. In the current legislative session, where Republicans are again in control, another law has been proposed by State Representative Harold Dutton, Jr. that would improve Texas drug policy by reducing possession of one ounce of Marijuana to a Class C misdemeanor which could include a $500 dollar fine.
Such a step away from full criminalization would be an improvement in drug policy because a sharp reduction in the prosecution and incarceration of the estimated 75,000 people arrested for marijuana yearly in Texas (with more than 90% of those arrests for possession only) would translate into time and money better spent for courts, prosecutors, and police departments and a much-needed reduction of overcrowding in jails. Rep. Dutton is a member of the Texas Democratic party which as a part their official platform have endorsed the total decriminalization of marijuana and have, in my view, increased in popularity since the endorsement as seen by Democrats being elected in to the current Texas Legislature in numbers which ended the Republican super-majority in the House of Representatives. Apart from politicians supporting Marijuana law reform, Texas voters have also shown support for rethinking marijuana policy at the ballot box, as demonstrated not only by support for pro-legalization Ron Paul, but also by the election of Beto O’Rourke. In 2012 voters chose O’Rourke, a proponent of marijuana legalization, over an eight-term incumbent and opponent of legalization, Silvestre Reyes for Texas’s 16th congressional district.
By contacting your state representative you can show your support for more sensible approaches towards marijuana policy. Since most counties in Texas have chosen to not adopt the citation law yet, and because political support of a decriminalization bill, which would provide some relief for those caught with marijuana, has not yet become law, consulting a knowledgeable attorney for your legal troubles in this area is of utmost importance.
Disclaimer: The information contain on this site and in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Gilbert G. Garcia Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Any and all communications as a results of this Post and/or this Site, is not secure nor confidential. Further, the mere initiation of any contact with The Gilbert G. Garcia Law Firm, staff, lawyer or a message on this post/site does not create an attorney–client relationship.
Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301. www.ggglawfirm.com.
Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.