Marijuana Reform in Texas

On April 14th, a Texas House committee unanimously approved a bill, HB 254, restructuring sentences for possession of low amounts of marijuana (under two ounces) in Texas.  Fines and drug abuse awareness classes would replace jail sentences under the proposed law for most offenders.  The bill should go to the full house soon.

The Texas legislature is under a lot of pressure to reduce jail and prison overcrowding, and this bill may well pass.  As a Criminal Defense attorney in Austin, I can attest that it is badly needed.  The Fort Worth Star Telegram has a report:

http://www.dfw.com/mld/dfw/news/legislature/11406856.htm

"Texas lawmakers are one step closer to making possession of an ounce or less of marijuana a Class C misdemeanor, the same category as most traffic violations.

The House Criminal Jurisprudence Committee approved House Bill 254 on Thursday, setting the bill up for debate on the House floor.

Current law assigns the same punishment for possession of a few seeds of marijuana as it does for as much as 2 ounces."

The Bill is being pushed by NORML and the ACLU of Texas.

One effect of the proposed legislation would be to keep a large number of young people out of the probation system.  This would have a dramatic impact on the lives of these kids, and free up badly needed criminal justice resources to deal with more serious problems.

The Texas legislature is also seriously reworking the state's probation system to reduce the number of probationers sent to prison for minor or technical violations of probation.  Again, the primary motive is money - it is interesting to see the Republican majority scrambling to do almost anything to avoid raising taxes, even if it means treating people in the criminal justice system more fairly.

•  What a fascinating contrast

  to the recent diary about marijuana sentencing. As a fellow Texan, I've got to admit, I'm more than a little surprised to see this coming out of the Texas legislature.

  Thanks for the diary.

  by think2004 on Sun Apr 17, 2005 at 06:19:21 AM PDT

  •  "As a [...] Texan" ....

    Have you called your Representative yet?

    -7.75 -4.67

    "Freedom's just another word for nothing left to lose."

    by Odysseus on Sun Apr 17, 2005 at 07:51:24 AM PDT

•  Recent Survey

  The polling firm Scripps-Howard(?) did a survey about medical Marijuana about a year or two ago. Seventy two per cent of the respondents were for it. It shows me that marijuana doesn't have the negativity attached to it that it had in the past. Maybe the legislators feel safer passing a bill like this? MKC

  by Deja Vu on Sun Apr 17, 2005 at 06:57:14 AM PDT

•  wow

  I don't remember ever hearing about any sort of common-sense or innovative law coming out of Texas.  Ever.  That's fresh.

  by greeneyechicago on Sun Apr 17, 2005 at 07:02:51 AM PDT

  •  Money

    This is really being driven by the traditonal Republicans and the Democratic minority.  There is just not enough money to keep the jails and prisons as full as they are or to build new ones.  There is a lot of pressure to find money for schools and Child Protective Services, and they get the first priority.

    The State Senate is also set to torpedo any bills coming out of the House to increase prison time for any offenses, which is truly remarkable.

    Not that the legislature has had a total fit of common sense - they are still going to pass an anti-gay marriage amendment.

    by Othniel on Sun Apr 17, 2005 at 07:23:19 AM PDT