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Marijuana: Despite Law Allowing Ticketing for Pot Possession, Most Texas Counties Still Arrest

Thanks to a new state law that went into effect on September 1, law enforcement agencies in Texas now have the option of simply ticketing misdemeanor marijuana possession offenders instead of arresting them. The law, which also applies to a handful of other misdemeanor offenses, was designed to alleviate chronic overcrowding in Texas jails and make better use of police resources. However, almost no one in Texas is taking advantage of it.

According to a report this week in the Dallas Morning News, only the Travis County (Austin) Sheriff's Department is ticketing instead of arresting misdemeanor marijuana offenders. Officials in Dallas, Tarrant (Fort Worth), and Collin (suburban Dallas) counties gave varying reasons for failing to implement the cost-saving measure, ranging from "system inadequacies" to the belief it will "send the wrong message" about marijuana use.

"It may... lead some people to believe that drug use is no more serious than double parking," Collin County prosecutor Greg Davis told the Morning News.

"I think the legislature was very sensitive to the fact that there are so many jails that are overcrowded," said Terri Moore, Dallas County's first assistant district attorney. "This was a great idea, but it raises a lot more questions that we are not ready to answer."

"These are not just tickets. These are crimes that need to be appropriately dealt with," said Ron Stretcher, Dallas County's director of criminal justice. "We want to make sure we get them back to court to stand trial. It's not about emptying the jail. It's about making sure that we have room in the jail for the people who need to be there," he said.

But the Travis County Sheriff's Department said merely ticketing marijuana offenders was smart policy. "There are folks that think we are being soft on crime because we are just giving tickets. We are still hard on crime," said spokesman Roger Wade. "We believe if we can save resources and have the same effect on crime, then we should take advantage of this."

Prosecutors in north Texas counties also cited the lack of a system for dealing with misdemeanor tickets. But that seems pretty feeble.

No surprise

This is a fascist police state.

No such thing as a "misdemeanor marijuana possession" in Texas

That's a fact, but there's economic reasons for it too. A misdemeanor citation takes just a few minutes of a police officer's time whereas arresting, booking, report writing and later court appearances (often at time and half pay or compensatory time off --for bass fishing--) really suits the deputies. Then there's the D.A.'s lawyers who need to justify their time and expense by pointing to a number of felony convictions; let's not forget prison guards need the work. Hell's bells the Texas Department of Corrections needs people to work their farms, machine shops...it goes on and on.

Gerald Sutliff
Bakersfield, CA 93304

proof positive that power is more addictive than pot

Police depts get max funding when running at or above capacity. Makes no sense to them to have empty jail beds. Plus who would want to give up all that power and machismo feeling one gets from putting a good for nothing pothead in the slammer?

Embellishments

Although the online newspaper account has now been changed and I'm sure the charges were amended, Madison county is going a step farther. Some poor fool must have tried to swallow a joint, because the initial report said he was charged with "tampering and destruction of evidence". I suppose that is now possession, less than two ounces, $1000 bond.

Sometimes they just have to be creative!

Texas Pot Laws

Being from Texas, I AM NOT SURPRISED ONE BIT!!!!
I'll stay in Cali.

Allergic to Change

California had no problems implementing a ticket citation system for marijuana possession. For that matter, I’ve never heard of any state besides Texas that’s had problems adopting ticketing for low level drug offenses.

But let someone try to change some pointless drug law in Texas, and it’s like they've kicked over an ant hill.

Giordano

Texa$

Yeah ,and the Texas "ants" are all about job protection.Sooner or later Texas will run into the wall of financial overload, just like the rest of the USA.When your out of funds the prohibition game is over.Only Texans would want to live in Texas.

TeX Ass

It is all one big money scheme! That will not change over here,..Im going back home to Cali as soon
as I can!

Texas is Fascist capital of the world !

As the governor of the state of Texas, our current president first learned how to execute the mentally ill, and lie to get what he wanted... the currently $ profitable $ war for him and his political contributors. When I was young, I never would have believed that the American people in general or Texans in particular would allow themselves to be ruled by such thugs, murderers, and hypocrites. I left Texas years ago and have no plans to return. Unfortunately, most of America is almost as bad as Texas.

Texans have become the spineless slaves of their fascist leaders. I cannot understand how the citizens allowed their liberty and their principles to be compromised is such ways. Do Texans really believe that the pain and suffering inflicted by the police is making their world a better place?

When I was a child, there was a huge sign on a building in Pasadena, Texas that proudly proclaimed the honor and duty of the Klu Klux Klan. How was that different from the "serve and protect" propaganda, currently displayed by the thugs who abuse innocent citizens in the name of the drug war. They lie, they kill, and are certainly not accountable to the citizens they murder. I am ashamed of my country and of what it has become.

Deep In The Heart of Texas!

Texas is awesome! I am proud to say I am a Texan. I feel sorry for all of you from Cali. Have fun with that :]

GOT CAUGHT AND NOW ON 1 YEAR PROBABTION

I was heading to work when I got pulled over for some BS. THey didn't ask to search or anything like that. They found a roach and thats it it almost weighted a gram. Yea I got 1 year probation for that. Pisses me off.,........

help me fight please

Recently I was arrested in the state of texas ( johnson county) and my car towed for possession of marjuana under 2 gms. was booked in jail for a period of 29 hours and released on bond for $1150 to my own expense. The evidence was obtaind against will ( they searchd with out my concent while my vehicle was locked) and all of which was taped and recorded via cop car cam. my questions involve that of the texas state law regarding such an offence on behalf of the arresting officer and any other knowledge or advice that could be offerd in my defence of such an offence in the court., anything that can be offerd will help and much thanks to any person willing to help me fight the injustice of this offence and put the fascist police at bay., please help anyone out there

the post above

this is all bullshit. i had

this is all bullshit.
i had marijuana and was arrested for cocaine
although i had none [that charge was dropped].
if they want to take you to jail, they will. period.

funny story

I have a friend who is a cop..he basically told me that "the truth is what ever we say it is"...

Long story short? Don't get caught.

How do we change/repeal laws in Texas?

Can you point me in the right direction of where I need to start to get the Texas Laws regarding marijuana repealed? There has to be a legal way to do this.

its just pot

lets get real first off marijuana should be TOTALLY legal!!!! I don't have hours to prove my point but all I can say is educate yourself about marijuana with the truth and facts!!! I have experimented with drugs in my early years and I conclude that DRINKING is WAY MORE SERIOUS and does WAY more harm then smoking pot.....How about us focusing on keeping all the irresponsible drunks off the road and lighten up on us potheads????

I was just arrested in

I was just arrested in travis county for a felony charge possession of marijuana. Which is more than four ounces..less than five pounds. There were four of us in the vehicle and the driver got out and ran. They charged the other three of us with a felony and booked us into jail since the total weight of marijuana was a little over four ounces. Granted the four ounces were not all together in the vehicle. Some was in the back, some on me, some in the front, and some in the center console. In the police report the officer wrote he assumed that all the marijuana came from the black back pack in the back seat which did contain the majority of it. But since not one of us personally was in possession of 4 ounces or more does that technically mean they can only charge one of us with a felony? I personally think this is bull shit. Please give me your opinion if you have one.

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