What are the penalties for possession of marijuana in Texas?

On June 15, 2007, Governor Rick Perry signed Bill 2391 from the Texas House of Representatives. This law gives police officers the discretion to arrest a suspect, current practice, or to write citations for class A or B misdemeanors for possession of 4 oz. or less of marijuana. This has led to some misconceptions about the penalties for possession of marijuana in Texas.

This legislation did not decriminalize or reduce penalties for possession of marijuana. It simply gave police officers the option of making a misdemeanor arrest for possession of less than 4 oz. marijuana, or issue a summons and notice to appear in court. Local prosecutors, police and sheriff’s departments can decide on a case-by-case basis whether or not to use this option. Another thing that most are unaware of is that this comes into play only if the alleged crime occurs in the same county in which the defendant resides.

House Bill 2391 was supported by the Combined Law Enforcement Association of Texas (CLEAT) and the Texas Sheriffs Association. They feel the time and money benefits gained from eliminating the four hours spent recruiting suspects at the county jail justified their support.

Marc A. Levin is director of the Center for Effective Justice at the Texas Public Policy Foundation, a conservative organization that lobbied for HB 2391. Levin is an Austin attorney and author on legal and public policy issues. “The idea was to free up more county jail space and law enforcement time for violent offenders and sex offenders,” Levin said. “We looked at how to save counties money. We always came back to the same answer: get low-level criminals out of the county jail.”

Anna Yanea Correa, director of the Criminal Justice Coalition, a more liberal-minded organization, is also in favor of the new law. In an article from the Fort Worth Star Telegram, he has stated that it is a positive approach for both law enforcement agencies and the accused. “This tells the police officer, you have the experience and the judgment to decide if this person should be taken to jail immediately,” he said. “And for the defendant, if you get a subpoena, you don’t risk losing your job because you miss work or you risk losing your home because you lost your job. You still have to go to court, and you still face punishment. “. . “

At the time of this writing, the Travis County Sheriff’s Department is one of the few law enforcement agencies in the state known to use the new law. Department spokesman Roger Wade said they use it because of an overcrowding problem in prisons and it allows officers to work more efficiently. Based on posts in the Texas County and District Bar Association, it appears that many members of the Texas justice system are not using the subpoena option due to many unanswered procedural questions that come into play when using this option.

The bottom line is that marijuana penalties in Texas did not change. Here are the current penalties associated with possession and sale (no prior convictions):

Possession:

• 2 oz. or less class B misdemeanor 180 days $ 2,000
• 2 to 4 oz. Class A misdemeanor 1 year $ 4,000
• 4 oz to 1 pound felony in state jail 180 days – 2 years $ 10,000
• 1 to 5 pounds felony in state jail 180 days – 2 years $ 10,000
• 5 to 50 pounds third degree felony 2 – 10 years $ 10,000
• 50 to 2,000 pounds second degree felony 2 – 20 years $ 10,000
• More than 2,000 pounds. felony 5 – 99 years $ 50,000

Distribution / Sale:

• 1/4 oz gift. or less class B misdemeanor 180 days $ 2,000
• 1/4 oz. or less class A misdemeanor 1 year $ 4,000
• 1/4 oz. to 5 lbs. felony in state jail 180 days – 2 years $ 10,000
• 5 to 50 pounds second degree felony 2 – 20 years $ 10,000
• 50 to 2,000 pounds first degree felony 5 – 99 years $ 10,000
• 2,000 pounds or more felony MMS 10 – 99 years $ 100,000