Texas


Texas Legislature sees medical marijuana bill introduced last session; passes bill allowing police to cite adults for simple marijuana possession


While the medical marijuana bill — HB 1534 — died in the House Public Health Committee last session, legislators overwhelmingly passed HB 2391, which allows law enforcement officers to issue citations instead of arresting adults who possess less than four ounces of marijuana.

This new law will help alleviate jail overcrowding and free up law enforcement resources to concentrate on more serious, violent crime. By enacting such sensible legislation, the state of Texas is saving taxpayers millions of dollars in fees associated with arresting, booking, jailing, transporting, and prosecuting simple marijuana possession.

While it still remains a crime to possess any amount of marijuana for any purpose in Texas, this is definitely a step in the right direction. While the new law subjects citizens to the same penalties as before, police officers now have the option of issuing a citation and court date to offenders rather than taking them into custody.

Substantial savings of tax dollars, however, will only happen if local officials utilize the option to cite defendants to court rather than arrest them. The legislature did not require local law enforcement to use the option, but rather only allowed it.

MPP will be monitoring the effect of the new law. If you know of cases where law enforcement continues to arrest citizens for simple possession, or if you hear about local efforts to exercise the new option to cite to court instead, please contact Nathan Miller at Nathan@mpp.org — we want to know how the new law is working.

Click here to read more about the new law.

For more information about the status of marijuana policy reform in Texas or to become involved in reform efforts in Texas, please contact MPP Legislative Analyst Nathan Miller at (202) 462-5747, ext. 118, or at Nathan@mpp.org.

If you are a medical professional or a patient who might benefit from medical marijuana, or if you know somebody who might benefit from medical marijuana, we would like to hear from you. Additionally, if you are a law enforcement official or a clergy member, please e-mail Nathan@mpp.org to learn how you can be of special help.

Thank you for supporting the Marijuana Policy Project. To stay updated on the status of marijuana policy reform in Texas, be sure to subscribe to MPP's free legislative alert service.

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