Burnt Orange Report

December 28, 2004

Bill Proposed to Lessen Marijuana Penalties

By Byron LaMasters

State Rep. Harold Dutton (D-Houston) has proposed a bill to reduce the penalty for possession of less than one ounce of marijuana to the equivalent of a traffic ticket. The AP reports:

The bill by Democratic Rep. Harold Dutton would make possession of an ounce or less of marijuana a Class C misdemeanor, punishable by a maximum $500 fine. That's the equivalent of a traffic ticket.
Right now, possession of 2 ounces or less of marijuana is a Class B misdemeanor, which could mean a jail sentence of up to 180 days and a $2,000 fine.

Dutton said Texas has been tough on crime and now it's time to be smart. The current punishment is "clogging up our criminal justice system," said Dutton, adding that he tried but failed to get the Legislature to approve the idea last year.

"A person who has two seeds gets the same penalty as a person who has two ounces and that to me seems eminently unfair and I think that overburdens the system with nonsense," Dutton said. "If we just change the punishment range for these minor quantities, we'd be better off."

Because the legislation still punishes a person caught with even a small amount of pot, "it does send the message that we don't want people out smoking marijuana," Dutton said.

Sounds like a smart plan to me. Someone with less than an ounce of marijuana isn't a threat to society. Incarcerating nonviolent marijuana users (who aren't growing or selling it in large quantities) seems to be counter-productive. Winning the war on drugs in this county means drastically changing our approach. Spend less money on incarcerating minor offenders, and go after the dealers and those who perpetuate narcotics related violence instead.

We should spend the money on rehab programs, instead of wasting money on incarcerating minor non-violent marijuana users. It makes perfect sense to me, but it's not the politically correct answer to winning the drug war, as most politicians (of both parties) are more interested in being able to claim that they're 'tuff on drugs, instead of actually trying a more innovative approach to solve the problem.

Update: More at Grits for Breakfast.

Posted by Byron LaMasters at December 28, 2004 05:23 PM | TrackBack

Comments

I just e-mailed my state legislator to voice my support of this bill and will have as many of my friends do so as well. Maybe a small groundswell of support will help this bill get off the ground.

Posted by: Cthulhugus at December 29, 2004 01:21 AM

Hopefully, and against all odds, this will bill will pass.
For now, a good solution is to grow your own and keep your mouth shut. Go to overgrow.com and you'll see people growing plants in places as small as an old computer case. A balcony, patio, or indoor "microgrow" using a couple compact fluorescent bulbs and quick-grow smaller strains like "lowryder" will keep the weekend smoker supplied.
Keep your small stash in mason jars, if you put it in baggies, it looks like "intent to sale". Also, don't buy bongs or pipes, or you could be charged with "Paraphernalia possession".
Kiss - Keep it small and simple.

Texas laws: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4566

Posted by: Tokahontas at December 29, 2004 09:56 AM

Why is pot even a part of the War on Drugs? Heck, we don't have a War on Booze, or a War on Xanex.

Posted by: Davebo at December 29, 2004 10:14 AM

Don't hold your breath. As a staffer for a state legislator, I can tell you this isn't going to get any traction anywhere.

The website previously mentioned (www.norml.org) states: "With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines."

I'm not sure about "must" (haven't checked statutes - I doubt a judge "must" do anything). If that is the case though, it seems pretty reasonable.

Posted by: Mook at December 29, 2004 11:03 AM

You're singing my song.

The only reason the bill has any chance is because most county jails (and certainly the state prisons) are full to the brim. It would turn pot busts into a local revenue generator rather than a growing cost burden. Jack Stick cosponsored that bill last year, incidentally.

Posted by: Scott at December 29, 2004 12:55 PM

Oh, and to Mook, the "must" send to probation on a first offense was passed last session to reduce still-extant overincarceration pressures -- it was HB 2668, carried by House Corrections Committee Chairman Ray Allen. I worked on the issue some on behalf of ACLU.

Posted by: Scott at December 29, 2004 01:24 PM

Sorry, My screw up on Stick -- he coauthored a related bill with Dutton last time that would have lowered penalties to a misdemeanor for possession of harder drugs, but not pot.

Posted by: Scott at December 29, 2004 02:41 PM

News, Politics, and Fun From Deep in the Heart of Texas

December 28, 2004

Bill Proposed to Lessen Marijuana Penalties

By Byron LaMasters