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Home > News Archive > 2007 > Pending Texas Law Gives Cops Discretion In Minor Pot Cases

Pending Texas Law Gives Cops Discretion In Minor Pot Cases

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July 5, 2007 - Austin, TX, USA

Austin, TX: Legislation that will go into effect in September grants police the option of issuing citations to minor marijuana offenders in lieu of making a criminal arrest. The new law was passed by the legislature to reduce criminal justice costs associated with the prosecution of certain misdemeanor crimes.

Under House Bill 2391, law enforcement will have the discretion to issue a citation mandating local individuals who commit specific Class A and/or Class B misdemeanor crimes to appear in court. An arrest warrant will be issued for defendants who fail to appear in court by the date specified in the citation.

Under Texas law, possession of up to four ounces of marijuana is a misdemeanor offense punishable by up to one-year in jail a fine of up to $4,000. Individuals who sell less than one-quarter ounce of cannabis are also guilty of a misdemeanor. The possession and/or sale of larger quantities of cannabis are felony offenses.

According to US FBI data, approximately 95 percent of all marijuana arrests in Texas are for misdemeanor possession.

House Bill 2391 goes into effect on September 1, 2007.

For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.

    updated: Jul 05, 2007

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