In an interview last week with East Texas Fox 51, Governor Abbott once again reiterated his stance of reduced penalties for small amounts of marijuana possession.
“What we have seen some traction for are issues about reducing the criminal penalties of small amounts of possession of marijuana.”
As it stands, possession of under two ounces of marijuana is a Class B misdemeanor, punishable up to 180 days in jail, $2,000 fine and an automatic 6 month driver’s liscense suspension.
Now, not everyone in Texas is facing this punishment equally. Many large counties have already initiated their own versions of Cite & Summons, a law based around carrying the charge, yet diverting the arrest. Their courts are too swamped with nonviolent offenses. They often use diversion programs to drop the posession charge altogether.
Governor Abbott went on to compare the importance of small possession of marijuana to a crime like minor-in-possession of alcohol, a Class C misdemeanor. A Class B to C penalty reduction was what he mentioned in his lone debate with Lupe Valez during his 2018 reelection campaign.
Currently, there is one B to C bill in the House, but Governor Abbott has not submitted anything. There is House Bill 63, which would move posession of less than an ounce marijuana to a $250 civil fine. HB 63 was presubmitted in November by state Representative Joe Moody from El Paso. Virtually the same bill made it successfully to the House Floor in the 2017 Legislature, but was never heard.
As far as medical marijuana, Abbott only mentioned his accomplishments in signing the Texas Compassionate Use Act, a restrictive, low THC cannabis program for intractable epilepsy only.
Governor Abbott also made it clear that legalization was not on the agenda.
He finished by again, talking about penalties reduction. “The question that’s been raised is should small amounts of possession of marijuana, should that penalty be reduced to a Class C misdemeanor? We’ll see what type of traction that it gets.”
For the full interview, follow this link: