Changes to Texas Marijuana Laws
What are the Penalties for Marijuana Possession in Texas?
On June 15, 2007 Governor Rick Perry signed into Texas law Household Bill 2391. This law offers police officers discretion to arrest a suspect - the recent practice - or to publish citations for class A or B misdemeanors for possession of four oz. or significantly less of marijuana. This has brought about some misconceptions regarding the penalties for possession of marijuana in Texas
This legislation did not decriminalize or reduced the penalties for marijuana possession. It just gave police officers the choice to make an arrest for the misdemeanor possession of much less than four oz. of marijuana, or problem a citation and discover to seem at court. Nearby prosecutors, police and sheriffs' departments can determine on a situation by situation basis whether or not or not to use this choice. Yet another factor most are not conscious of is this comes into perform only if the alleged offense happens in the exact same county in which the accused resides.
Household Bill 2391 received the assistance of the Mixed Law Enforcement Association of Texas (CLEAT) and the Sheriffs' Association of Texas. They really feel the time and funds rewards recognized from getting rid of the 4 hrs spent booking suspects into county jail warranted their assistance.
Marc A. Levin is a director of the Center for Powerful Justice at the Texas Public Policy Foundation, a conservative organization that lobbied for HB 2391. Levin is an Austin lawyer and an writer on legal and public policy troubles. "The thought was to cost-free up far more county jail area and law officers' time for violent offenders and sex offenders," stated Levin. "We looked at how to conserve counties capital. We generally came back to the exact same solution: Take the very low-degree offenders out of the county jail."
Anna Yanea Correa, director of the Criminal Justice Coalition, a a lot more liberal leaning organization is also on record as favoring the new law. In an short article in the Fort Well worth Star Telegram she has mentioned that it is a good tactic to the two law enforcement companies and the accused. "This says to the police officer, you have the practical experience and judgment to come to a decision no matter if this particular person desires to be taken to jail promptly," she mentioned. "And for the man or woman accused, if he is provided a citation, he does not chance losing his occupation considering that he misses occupation or threat losing his Household since he lost his work. He however has to go to court, and he however faces punishment."
At the time of this creating, the Travis County Sheriffs' Department is one of the pretty number of law enforcement companies in the state regarded to be implementing the new law. The department spokesman Roger Wade mentioned they employ it given that of a difficulty with jail overcrowding and enabling the deputies to career a lot more effectively. According to the postings on the Texas District and County Attorneys Association it appears numerous members of the Texas justice method are not employing the citation choice simply because of lots of unanswered procedural concerns that come into perform when working with this solution.
The bottom line is marijuana penalties in Texas did not alter. Right here are the latest penalties related with possession and sale (with no prior convictions):
Possession:
2 oz. or significantly less class B misdemeanor 180 days $2,000 2 to four oz. class A misdemeanor 1 year $four,000 four oz to 1 lb. state jail felony 180 days - 2 many years $ten,000 1 to 5 lbs. state jail felony 180 days - 2 many years $ten,000 5 to 50 lbs. felony of the 3rd level 2 - ten many years $ten,000 50 to 2,000 lbs. felony of the 2nd level 2 - 20 many years $ten,000 A lot more than 2,000 lbs. felony 5 - 99 many years $50,000
Distribution/Sale:
Present of 1/four oz. or much less class B misdemeanor 180 days $2,000 1/four oz. or significantly less class A misdemeanor 1 year $four,000 1/four oz. to 5 lbs. state jail felony 180 days - 2 many years $ten,000 5 to 50 lbs. felony of the 2nd level 2 - 20 many years $ten,000 50 to 2,000 lbs. felony of the to begin with level 5 - 99 many years $ten,000 2,000 lbs. or extra felony MMS ten - 99 many years $a hundred,000
