Medical marijuana legislation introduced; locals continue to encourage law enforcement to use new citation law
Last update: August 11, 2009
Medical marijuana bill introduced
A bill has been introduced that would allow seriously ill patients to raise a medical necessity defense to charges of possessing marijuana for medical use. This legislation was introduced during the 2007 legislative session, however, despite the fact that a 2004 poll showed 75% of Texans support medical marijuana, the bill died in committee.
Please send your state legislators an e-mail today letting them know that you hope to see more of an effort made during the 2009 session to provide medical marijuana patients with the protection they need.
You can also help support HB 164 by submitting a letter to the editor.
HB 164 would permit physicians to make written or oral recommendations that, in the physician's medical opinion, the potential benefits of marijuana would likely outweigh the health risks for a particular patient. If arrested for possession of marijuana, a patient with a recommendation from his or her physician would be able to assert an affirmative defense to charges arising from his or her medical use of marijuana. If a court accepts the affirmative defense, it would mean that a patient could avoid jail time and fines. The bill would not, however, protect patients from the initial arrest.
New citation law for marijuana possession
During the 2007 legislative session, lawmakers overwhelmingly passed HB 2391, which allows law enforcement officers to issue citations instead of arresting adults who possess less than four ounces of marijuana.
While it still remains a crime to possess any amount of marijuana for any purpose in Texas, this new citation law is definitely a step in the right direction. Although citizens are still subject to the same penalties as before, police officers now have the option of issuing a citation to offenders rather than taking them into custody.
If used appropriately by police officers, the marijuana possession citation law can help alleviate jail overcrowding and free up valuable law enforcement resources. This could save taxpayers millions of dollars in fees associated with arresting, booking, jailing, transporting, and prosecuting those who simply possess marijuana. Substantial savings of tax dollars, however, will only happen if law enforcement utilizes the citation option now available to them.
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.
