Changes to Texas Marijuana Laws

What are the penalties for marijuana possession in Texas?

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

This legislation does not decriminalize or reduce the penalties for possession of marijuana. It simply gave police officers the option of making a misdemeanor arrest for possession of less than 4 oz. of marijuana, or issue a summons and notice to appear in court. Local prosecutors, police and bailiffs departments can decide on a case-by-case basis whether or not to use this option. Another thing that most are not aware 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 received support from the Combined Law Enforcement Association of Texas (CLEAT) and the Texas Sheriffs Association. They feel that the benefits of time and money gained from eliminating the four hours spent booking suspects in 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 county jail.”

Anna Yanea Correa, director of the more liberal Criminal Justice Coalition, is also on record as a supporter of the new law. In an article in the Fort Worth Star Telegram, she has stated that it is a positive approach for both law enforcement agencies and the defendant. “This tells the police officer that she has the experience and judgment to decide if this person should be taken to jail right away,” she said. “And for the accused person, if he gets a citation, he’s not at risk of losing his job because he misses work or he’s at risk of losing his home because he lost his job. He still has to go to court and still faces punishment. .”

As of this writing, the Travis County Sheriff’s Department is one of the few law enforcement agencies in the state known to be using the new law. Department spokesman Roger Wade said they use it because of a problem with jail overcrowding and that it allows officers to work more efficiently. According to publications in the Texas County and District Attorneys 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. option.

The bottom line is that the penalties for marijuana in Texas have not changed. These are the current penalties associated with possession and sale (without prior convictions):

Possession:

  • 2 oz. or less class B misdemeanor 180 days $2,000
  • 2 to 4 ounces class A misdemeanor 1 year $4,000
  • 4 ounces to 1 pound state jail felony 180 days – 2 years $10,000
  • 1 to 5 pounds state jail felony 180 days – 2 years $10,000
  • 5 to 50 pounds 3rd degree felony 2 – 10 years $10,000
  • 50 to 2,000 pounds. 2nd degree felony 2 – 20 years $10,000
  • Over 2,000 lbs. felony 5 – 99 years $50,000

Distribution/Sale:

  • Gift of 1/4 oz. or less class B misdemeanor 180 days $2,000
  • 1/4 ounce gold minus class A misdemeanor 1 year $4,000
  • 1/4 ounce to 5 pounds state jail felony 180 days – 2 years $10,000
  • 5 to 50 pounds 2nd degree felony 2 – 20 years $10,000
  • 50 to 2,000 pounds. 1st degree felony 5 – 99 years $10,000
  • 2,000 pounds or more felony MMS 10 – 99 years $100,000

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