What are the Penalties for Cannabis Possession in Texas?

On June fifteen, 2007 Governor Rick Perry signed into Texas legislation House Monthly bill 2391. This legislation gives police officers discretion to arrest a suspect – the recent apply – or to publish citations for class A or B misdemeanors for possession of 4 oz. or considerably less of cannabis. This has triggered some misconceptions concerning the penalties for possession of cannabis in Texas

This laws did not decriminalize or reduced the penalties for cannabis possession. It just gave police officers the alternative to make an arrest for the misdemeanor possession of considerably less than 4 oz. of cannabis, or challenge a citation and recognize to surface at court docket. Community prosecutors, police and sheriffs’ departments can make a decision on a circumstance by circumstance foundation whether or not to use this alternative. An additional point most are not informed of is this will come into participate in only if the alleged offense occurs in the identical county in which the accused resides.

House Monthly bill 2391 been given the support of the Merged Law Enforcement Association of Texas (CLEAT) and the Sheriffs’ Association of Texas. They sense the time and cash rewards recognized from reducing the 4 hrs put in reserving suspects into county jail warranted their support.

Marc A. Levin is a director of the Center for Powerful Justice at the Texas Public Plan Basis, a conservative organization that lobbied for HB 2391. Levin is an Austin attorney and an author on lawful and general public plan challenges. “The concept was to free up much more county jail area and legislation officers’ time for violent offenders and sexual intercourse offenders,” stated Levin. “We seemed at how to help you save counties cash. We normally came back again to the identical answer: Acquire the low-stage offenders out of the county jail.”

Anna Yanea Correa, director of the Criminal Justice Coalition, a much more liberal leaning organization is also on record as favoring the new legislation. In an short article in the Fort Worth Star Telegram she has stated that it is a beneficial tactic to both equally legislation enforcement businesses and the accused. “This suggests to the police officer, you have the working experience and judgment to make a decision whether this man or woman wants to be taken to jail promptly,” she stated. “And for the man or woman accused, if he is presented a citation, he won’t danger getting rid of his task simply because he misses operate or danger getting rid of his household simply because he dropped his task. He even now has to go to court docket, and he even now faces punishment.”

At the time of this composing, the Travis County Sheriffs’ Department is 1 of the very couple of legislation enforcement businesses in the condition known to be working with the new legislation. The office spokesman Roger Wade stated they make use of it simply because of a problem with jail overcrowding and allowing the deputies to operate much more successfully. In accordance to the postings on the Texas District and County Lawyers Association it appears several customers of the Texas justice process are not working with the citation alternative simply because of several unanswered procedural concerns that appear into participate in when working with this alternative.

The base line is cannabis penalties in Texas did not transform. Below are the recent penalties linked with possession and sale (with no prior convictions):

Possession:

• 2 oz. or considerably less class B misdemeanor 180 days $2,000
• 2 to 4 oz. class A misdemeanor one calendar year $4,000
• 4 oz to one lb. condition jail felony 180 days – 2 several years $ten,000
• one to 5 lbs. condition jail felony 180 days – 2 several years $ten,000
• 5 to fifty lbs. felony of the third diploma 2 – ten several years $ten,000
• fifty to 2,000 lbs. felony of the next diploma 2 – twenty several years $ten,000
• Much more than 2,000 lbs. felony 5 – 99 several years $fifty,000

Distribution/Sale:

• Gift of one/4 oz. or considerably less class B misdemeanor 180 days $2,000
• one/4 oz. or considerably less class A misdemeanor one calendar year $4,000
• one/4 oz. to 5 lbs. condition jail felony 180 days – 2 several years $ten,000
• 5 to fifty lbs. felony of the next diploma 2 – twenty several years $ten,000
• fifty to 2,000 lbs. felony of the to start with diploma 5 – 99 several years $ten,000
• 2,000 lbs. or much more felony MMS ten – 99 several years $one hundred,000