Texas lawmaker proposes changes to state drug possession laws

Posted By Law Offices of Jeffrey C. Grass || 19-Dec-2012

A Texas lawmaker wants individuals convicted of possessing small amounts of marijuana to face the same penalties as traffic violators. If the proposed bill is passed by the Texas House of Representatives, those convicted of marijuana possession would likely face less severe penalties.

The lawmaker recently proposed a bill that would make possession of one ounce or less of marijuana a Class C misdemeanor and would have the same punishments comparable to getting a traffic ticket. Under current Texas law, possessing any amount of marijuana less than two ounces is Class B misdemeanor and individuals face a penalty of up to 180 days in jail and a fine of $2,000.

Some opponents of the bill say that marijuana is an illegal drug and should not have the same penalties as a traffic violation.

This isn't the only illegal drug the Texas lawmaker wants to change. He also recently filed a bill that would make possession of one gram or less of certain controlled substances a Class A misdemeanor instead of a felony that mandates time in state prison for those convicted. The controlled substances included in the bill are cocaine, ecstasy, LSD and heroin. Current laws in Texas make possession of less than two grams of any of these drugs a state felony, which is punishable by six to 24 months in state prison and could result in a fine up to $10,000.

Supporters of the proposed bills, in particular to the marijuana possession bill, say that these offenders are considered non-violent, low level offenders and should not face jail time for possessing a small amount of marijuana.

The same lawmaker proposed similar bills during the last legislative session in Texas that did not receive much support and were not approved. Time will tell if either of these proposals will make it through the House of Representatives. If either one of them passes, penalties for possessing drugs in Texas may become less severe.

Source: The Daily Texan, "Proposed bill lessens punishment for marijuana, controlled substance possession," David Loewenberg, Dec. 6, 2012