Marijuana Policy Project

Beginning Saturday, being caught in Texas in possession of small amounts of marijuana may not necessarily facilitate a trip to jail — the choice is up to the arresting officer or department.

In the last legislative session, House Bill 2319 passed both the Texas House of Representatives and the Texas Senate with little opposition. The bill allows for arresting officers to issue citations for certain non-violent misdemeanors such as Class A and B misdemeanor possession of marijuana rather than immediately arresting the individual and taking them to jail. A Class A misdemeanor charge for possession of marijuana is for amounts between 2 and 4 ounces while a Class B misdemeanor charge is for possession of marijuana less than 2 ounces.

The bill doesn't make the issuance of citations for the crime compulsory and there are stipulations. According to the bill, the subject has to reside in the county where the offense occurs.

Locally, officials are taking mixed stands on how they will treat those charges. The Mineral Wells police will continue to arrest individuals while Palo Pinto County Sheriff's deputies are allowed to use their own discretion.

"We're still going to arrest those carrying marijuana," said Mineral Wells Police Capt. Mike McAllester. He explained that they would have to issue Class B misdemeanor tickets for those crimes, which they don't have. McAllester estimated that less than 10 percent of their arrests are for those misdemeanors.

McAllester observed that if they wanted all law enforcement departments and agencies to issue citations in those circumstances, they wouldn't have made it optional.

Palo Pinto County Sheriff Ira Mercer said his deputies will have the option to issue citations for those types of charges. To determine if it will be a citation versus arrest, he said, they "will use our discretion. ... They do make a lot of arrests for that."

He added, "There's just no way to differentiate between 2 ounces and half of a marijuana cigarette. It's still the same charge. [By issuing a citation], you don't have to tie up an officer."

Officials with the Texas Department of Public Safety said they will continue to arrest individuals carrying any amount of marijuana until instructed otherwise by the state.

According to a bill analysis on Texas Legislative Council's Web site, the bill gives local governments a tool to control jail populations as well as allowing officers to "use their time more efficiently."

Palo Pinto County Judge Mike Smiddy remarked that giving the officers the option to issue citations for certain misdemeanors "will streamline things" for officers and he doesn't foresee it creating more paperwork for his office.

"Whether it's right or wrong, it's the Legislature's response to jail overcrowding," Mercer commented. "It's [jail overcrowding] not a real big issue here."

"I don't really think it will help jail overcrowding [but] it helps keep officers on the street," Smiddy said.

"I think the idea is a good one, but if you're going to decriminalize marijuana, then decriminalize it. I think if you completely decriminalize smaller amounts of marijuana, it may solve some of the jail overcrowding," McAllester remarked.

Regardless if an offender receives a citation or visits the local jail for possession, the punishment for the crime remains the same. According to Texas statute, Class A misdemeanors carry penalties of up to 1 year confinement and a fine not to exceed $4,000. A Class B punishment range is slightly less, with confinement restricted to 180 days or less and a fine not to exceed $2,000.