Citizens Educate El Paso City Council On Impact Of Misdemeanor Marijuana Charges

Today, myself and a few others attended El Paso City Council’s Call to the Public to discuss numbers pertaining to arresting and booking individuals in El Paso for misdemeanor cannabis offenses.  I dislike calling them ‘offenses’ but, it is what it is.

A team involving Michael Castro, from Legalize El Paso, a gentleman by the name of Christopher Hernandez, and myself have been collaborating and working together for the last few months on getting the City of El Paso to implement a Cite and Release program.  We are working to get the City of El Paso to STOP arresting people for misdemeanor cannabis offenses.  STOP wasting the money.  This is coming at a time where El Paso’s property taxes are sky high and they are wanting to raise them again.  The money saved could be put to better use, for sure.

The Texas Code of Criminal Procedure, Chapter 14.06(c) states:

If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.

This allows officers to confiscate the “contraband”, and issue a citation to appear in court for the offense.  No arrest, no jail, no loss of officer on the streets (protecting from real crime).

Now, how can just ending the arrest and booking save so much money?  We broke it down today for El Paso’s City Council.  Let’s take a look.

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According to the Texas Criminal Justice Coalition, it costs taxpayers approximately $120.00 to arrest and book one person in an urban Texas county, and then on average, another $59.00 for each day that the individual is detained.  Let’s focus on the $120 to only arrest and book an individual.

Between January 1 and December 31, 2017, the El Paso Police Department (“EPPD”) arrested 1,676 people for Possession of Marijuana under 2 ounces.  During the same period, they arrested 48 people for Possession of Marijuana under 4 ounces over 2 ounces.

In 2017, there were a total of 1,724 individuals that were arrested and booked by EPPD for misdemeanor cannabis offenses. — 1,724 x $120.00 = $206,880.00 just to arrest people for personal personal possession of marijuana in El Paso in 2017 by EPPD.

Between January 1 and December 31, 2018, the EPPD arrested 1,335 people for Possession of Marijuana under 2 ounces.  During the same period, they arrested 43 people for Possession of Marijuana under 4 ounces over 2 ounces.

In 2018, there were 1,378 individuals were arrested and booked by EPPD for misdemeanor cannabis offenses. — 1,378 x $120.00 = $165,360.00 just to arrest people for personal personal possession of marijuana in El Paso in 2018 by EPPD.

Between January 1 and June 13, 2019, the EPPD arrested 744 people for Possession of Marijuana under 2 ounces.  During the same period, they arrested 29 people for Possession of Marijuana under 4 ounces over 2 ounces.

So far in 2019, there have been 773 individuals arrested and booked by EPPD for misdemeanor cannabis offenses.  — 773 x $120.00 = $92,760.00 just to arrest people for personal possession of marijuana in El Paso in 2019, by EPPD.

In the last 2.5 years, El Paso has spent $465,000.00, almost half a million dollars, just arresting and booking people on misdemeanor cannabis charges.  That is ludicrous.

These numbers, and dollars, add up while the arrest rates for Theft, Burglary, and Rape in El Paso by EPPD all sit under 30%.  Less than 30% of people who create victims from their crimes, don’t get arrested, no less do they get convictions.  You have to be arrested and enter the legal process before you can be convicted.  So no arrest, no conviction.

Now, let’s talk officer hours.  If we were to estimate it takes an officer 3 hours off the street, away from protecting the citizens they serve, this is what it looks like:

In 2017: 1,724 people arrested x 3 hours = 5,172 hours (517.2 –10 hour days lost)
In 2018: 1,378 people arrested x 3 hours = 4,134 hours (413.4 –10 hour days lost)
So far in 2019: 773 people arrested x 3 hours –2,319 hours (231.9 –10 hour days lost)

A total of 11,625 hours lost, equaling 1,162.5 –10 hour days or 3.18 years lost time officers could be on the street, in 2.5 years.

This is happening all across Texas, not just in El Paso.  Money is being spent, your money, on arresting people for a plant that half the country’s population has access to – if they so wanted.  This is absurd.  This must change.

All 8 representatives from the City, and Mayor Dee Margo were present.  The heard, and they listened.  They paid attention.  Now, the team will submit a resolution to be added on the agenda and voted for.  If voted down, we will take it to a petition drive, and put it on the ballot in November.

The ending of arresting for small amounts of cannabis is coming El Paso!  We will make sure of it.

*the article will be updated once I have video from the meeting.