Under current state law, possessing two to four ounces of marijuana could send you to jail for up to a year and cost you $4000. House Bill 218 would remove criminal penalties for possession of up to one ounce of marijuana or cannabis concentrate.
Instead of being arrested, a person would reportedly be given a ticket, go to court and assessed a fine. The Texas House of Representatives reportedly gave preliminary approval leaving one more vote in the chamber before final passage.
“Because it doesn’t fully decriminalize possession of marijuana, police still have the basis to stop and investigate so the question is, what will they do at their discretion to stop and investigate,” said David Kwok, Associate Professor of law at the University of Houston.
From 2006 to 2016, more than 100,000 misdemeanor possession of marijuana cases reportedly cost taxpayers in excess of $250 million resulting in overcrowded jails.
“When police spend time doing this, they are, many times, not addressing other crimes,” Kwok said.
So years ago, Harris County chose a different approach. Anyone caught with less than four ounces of marijuana are advised to attend a diversion class and because there’s no arrest, no criminal record.
Harris County District Attorney Kim Ogg said the county’s marijuana diversion program is keeping thousands of people out of jail while keeping police officers on the streets to handle more serious crimes.
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