By Monterey Bud
On Thursday, the Texas House of Representatives will schedule a full House vote on legislation meant to dramatically reform penalties for the personal possession of less than one ounce of marijuana.
Originally passed by a 4 to 2 vote in the House Criminal Jurisprudence Committee with bipartisan support, House Bill 81 was authored by Rep. Joe Moody (D- El Paso) and Rep. Jason Isaac (R-Dripping Springs). Cosponsored by more than 35 elected officials, H.B. 81 would remove the threat of unwarranted incarceration for possession of no more than one ounce of marijuana in the Lone Star State.
Dramatically modifying the current penalties allowed under Texas law, H.B. 81 would convert the Class B misdemeanor to a civil infraction. Individuals caught with less than one ounce of pot would no longer face up to six months in jail and a $2,000 fine, according to an analysis of H.B. 81.
“H.B. 81 amends the Health and Safety Code to exclude the knowing or intentional possession of a usable quantity of marihuana in an amount that is one ounce or less from the Class B misdemeanor offense of possession of marihuana. The bill makes a person who knowingly or intentionally possesses such an amount of marihuana liable to the state for a civil penalty capped at $250 but establishes that such conduct does not constitute an offense. The bill establishes that the imposition of this civil penalty is not a conviction and may not be considered a conviction for any purpose. The bill creates the Class C misdemeanor offense of subsequent possession of a small amount of marihuana for a person who knowingly or intentionally possesses a usable quantity of marihuana in an amount that is one ounce or less and has previously been assessed a civil penalty three times for a possession of a small amount of marihuana violation.”
According to statistics gathered by NORML, between 2008 and 2012, law enforcement officials arrested more than 350,000 individuals for possessing marijuana in the state of Texas. Ranked as one of the most wasteful states by the ACLU, Texans spent roughly $126 million in 2010 to enforce marijuana prohibition. Exposed by a February 2017 University of Texas/Texas Tribune Poll, more than 83% of those surveyed Texans “support legalizing marijuana for some use;” while 53% “would go beyond legal medical marijuana to allow possession for any use.”
Providing further evidence that Texans opposition to legal marijuana continues in a spiraling decline, fewer than one in five respondents to the 2017 UT/TT Poll were reportedly against any formal legalization.
