Texas legislature fails to take up marijuana reform bills
Despite its reputation as a
libertarian state with an emphasis on personal freedom and limited government,
Texas legislators continue to show an unwillingness to endorse those principles
when it comes to marijuana policy reform. In 2009, the legislature brushed
aside two bills that would have not only made the state a little freer, but
could have saved millions in criminal justice costs and made lives a little
easier for seriously ill Texans.
The first, HB
548, would have reduced the penalty for possessing one ounce or
less of marijuana from a Class B misdemeanor (punishable by up to six months in
jail and a fine of up to $2,000) to a Class C misdemeanor (punishable by a fine
of up to $500). The bill was authored by Rep. Harold Dutton, Jr. (D-Houston), a
veteran member, but never received a vote. This is the second straight year the
legislature has failed to take up a sentencing reform measure.
Another bill, HB 1491, authored by Rep. Eliot Naishtat, would have given
medical marijuana patients an “affirmative defense” against prosecution for
possession of small amounts of marijuana if their doctor has recommended marijuana
as a treatment option. In order to ensure doctors would be willing to then
recommend marijuana, the bill would have also added civil protections for
physicians who discuss marijuana with their patients. This bill died a similar
fate as HB 548 – it was assigned to the Public Health Committee and never given
a hearing.
If
you’d like to see comprehensive medical marijuana legislation introduced in
Texas, you can start by asking
your representative to introduce a bill that would protect
patients from arrest and provide them with a legal means of obtaining their
doctor-recommended medicine.
Learn more about
Texas’s marijuana laws
Did you know that
an amazing 97% of all marijuana arrests in Texas during 2007 were for simple
possession? That’s 68,758 people arrested just for possessing a substance that
is safer than alcohol. Email your elected officials and urge them to support decriminalization, which would make possession of small amounts of marijuana a civil offense, punishable by a fine rather than jail time.
You can also learn more about Texas’s marijuana laws by reading this report
from economist Jon Gettman, Ph.D.
Stay connected
If you are an
attorney, educator, physician, nurse, or member of the law enforcement
community who believes that our current marijuana laws need reforming, please
send an email to state@mpp.org
to see how you can be of special help.
Also, be sure to subscribe to MPP's free legislative
alert service today if you haven't done so already.
