Texas: Unprecedented Hearing Held On Lowering Pot Penalties

Jacob Redmond

Well-Known Member
It's an unprecedented step for Texans hoping to lower the penalties for small amounts of marijuana: A hearing at the Texas Capitol on several bills, including one that would do away with jail time entirely.

A stack of petitions received a hero's welcome by marijuana reform supporters Wednesday afternoon. The signatures of more than 17,500 citizens were collected by Progress Texas and Texans for Responsible Marijuana Policy urging lawmakers to reduce the criminal penalties for possession and to bring medical marijuana to Texas.

Several bills affecting marijuana were scheduled for a hearing of the House Committee on Criminal Jurisprudence Wednesday evening. While House Bill 2165 by State Rep. David Simpson (R-Longview) would completely repeal laws prohibiting marijuana, pragmatic supporters view House Bill 507 by State Rep. Joe Moody (D-El Paso) as the most viable vehicle.

A former prosecutor, Moody seeks to reduce possession of an ounce or less of marijuana to a civil penalty, punishable by a $100 fine.

"So no arrest, no jail time, no criminal record," Moody summed up Wednesday morning. "Law enforcement's back on the street quicker, taxpayers save money on incarceration and prosecution."

"We've got a police department that says we don't have resources to investigate burglaries and robberies," said Kim Ogg, a Houston criminal defense attorney and former county prosecutor. After spending 28 years in the criminal justice system, Ogg says "nailing 'em and jailing 'em" hasn't worked.

"We are now spending over $10 million a year in Harris County alone, prosecuting 12,000 people a year for small amounts of marijuana. Misdemeanors," said Ogg. While law enforcement has focused disproportionate efforts on small-time drug offenders, she says violent crimes that keep people in fear have crept up. "It's a waste of taxpayer money and it's not making us safer."

"For most people, it is actually less harmful than using alcohol," said Professor William Martin, director of the drug policy program at Rice University's Baker Institute, where he's taught criminology for 35 years.

"The laws that are enforced fall disproportionately on minorities and the poor, and they know that," said Martin, "And it causes cynicism. It causes a disrespect for the law, and that's bad for democracy."

Yet Sheriff's Association President and Jackson County Sheriff A.J. Louderback says not so fast.

"The marijuana of today with higher THC content is not the marijuana of yesterday," said Louderback, whose organization stands against relaxing penalties. "I think the Colorado experiment is proving that the social problems that go along with that are profound."*edit*

Dr. Martin argues the research shows us has been largely unaffected by penalties. Those hoping to testify began arriving at the hearing room as early as noon Wednesday, and the fact that there is even a hearing at all is significant. While acknowledging the difficult road ahead, Moody says that's progress.

"There's never been a civil penalty bill introduced in the Texas Legislature," said Moody, "And in its first session to get a hearing, and I think actually to have a lot of public support for it, is a big thing."

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Full Article: Unprecedented hearing held on lowering pot penalties
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