What are the Penalties for Marijuana Possession at Texas?
On June 15, 2007 Governor Rick Perry signed to Texas law House Bill 2391. This legislation provides police officials discretion to detain a defendant - the present clinic - or to write citations for course A or B misdemeanors for ownership of 4 ounces. Or less of marijuana. This has generated some misconceptions regarding the penalties for possession of marijuana in Texas
This legislation didn't decriminalize or reduce the penalties for marijuana possession. It merely gave police officers the choice to create an arrest for the misdemeanor possession of less than 4 ounces. Of bud, or issue a citation and notice to appear in court. Local prosecutors, police and sheriffs' departments may decide on a case by case basis whether or not to utilize this choice. Another thing are unaware of is that this comes into play only if the alleged crime occurs in precisely the exact same county where the accused resides.
House Bill 2391 obtained assistance from the Combined Law Enforcement Association of Texas (CLEAT) along with the Sheriffs' Association of Texas. They think the time and cash gains realized from destroying the four hours booking suspects into county prison justified their service.
Marc A. Levin is a manager of the Center for Effective Justice in the Texas Public Policy Foundation, a conservative organization that registers for HB 2391. Levin is an Austin lawyer and a writer on legal and public policy problems. "The idea was to free up more county prison distance and regulation officers' time for violent criminals and sex offenders," said Levin. We came back to the exact same response: Require the low-level inmates from the county prison."
Anna Yanea Correa, director of the Criminal Justice Coalition, a liberal leaning company can be on record as favoring the law. In an article from the Fort Worth Star Telegram she's said it is a good approach to both law enforcement agencies as well as the accused. "This claims to this police officer, you've got the expertise and judgment to determine whether this individual has to be taken to prison immediately," she explained. "And for the man accused, when he's given a citationhe does not risk losing his job since he misses work or risk losing his house because he lost his job. He has to go to courtand that he faces punishment"
In the time of the writing, the Travis County Sheriffs' Department is among the very few law enforcement agencies at the nation known to use the law. The section spokesman Roger Wade stated they use it due to a issue with jail overcrowding and enabling the deputies to operate better. As stated by the postings about the Texas District and County Attorneys Association it appears many members of the Texas justice system aren't utilizing the citation alternative due to many unanswered procedural queries that come into play when using this alternative.
The main point is marijuana penalties in Texas failed to alter. Here are the current penalties associated with possession and sale (without a previous convictions):
2 ounce. Or less category B misdemeanor 180 times per 2,000
2 to 4 ounces. Class A misdemeanor 1 year $4,000
4 ounce to 1 pound. Felony of the third level 2 - 10 years $10,000
50 to 2,000 pounds. Felony of the second level 2 - 20 years $10,000
Greater than 2,000 pounds.
Donation of 1/4 ounce. Or less category B misdemeanor 180 times per 2,000
1/4 ounce. To 5 pounds. Felony of the second level 2 - 20 years $10,000
50 to 2,000 pounds.
Greater than 2,000 pounds. Legislation 5 - 99 years $50,000
Donation of 1/4 ounce. Or less category B misdemeanor 180 days $|times per 2,000
1/4 ounce. Or less class A misdemeanor 1 year $4,000
1/4 ounce. To 5 pounds. State jail felony 180 days - 2 years $10,000
5 to 50 pounds. Felony of the second level 2 - 20 years $10,000
50 to 2,000 pounds. Felony of the first degree 5 - 99 years $10,000
2,000 pounds. Or felony MMS 10 - 99 years $100,000
Marijuana ownership in Texas remains a significant crime. An lawyer is the first step in maintaining your legal rights secure.