2023/04/26
The Texas State Capitol on July 8, 2021, in Austin, Texas.
- Tamir Kalifa/Getty Images North America/TNS
FORT WORTH, Texas — The Texas House on Wednesday gave initial approval to a bill reducing the penalty for possessing a small amount of marijuana.
The proposal, if passed into law, would make having a small amount of marijuana — 1 ounce or less — a Class C misdemeanor, which is publishable by a fine of up to $500 and does not include jail time.
“Under House Bill 218, possessing a small amount of cannabis is still illegal,” said Rep. Joe Moody, an El Paso Democrat and the bill’s author. “It addressing it in a smarter way than we do now.”
Currently, those caught with less than 2 ounces of marijuana could face up to 180 days in jail and a fine of up to $2,000.
Moody described how that would change under the bill during a Feb. 28 committee hearing.
“Basically, the person is given a ticket, goes to court, they’re assessed a fine, then the court tells them, you’ve got six months to pay and you need to stay out of trouble during that time,” Moody said at the time. “If the person does their part, the court dismisses the charges and on a request of the individual, deletes the entire record of it.”
He continued, “The person walks away lighter in the wallet but without any criminal record whatsoever,” Moody said.
The bill must be voted on once more in the House before it can move to the Senate for consideration. The House has passed similar decriminalization bills in past sessions that have stalled in the Senate.
The measure also creates parity between leaf cannabis and concentrates, like that found in a vaporizer that’s used to consume the marijuana, Moody said during the hearing.
“In other words, when someone has a joint or a vape pen, we’re going to treat them the same, which isn’t the case under the current law,” he said.
Texas Gov. Greg Abbott has previously expressed support for reducing the penalty for marijuana possession.
“I remain open to talking with the legislature about reducing the penalties of possession of small amounts of marijuana from a Class B misdemeanor to a Class C misdemeanor,” he said in a Star-Telegram candidate questionnaire ahead of the 2022 gubernatorial primary.
What about legal marijuana in Texas?
Also on Wednesday, a smaller group of House lawmakers considered legalizing marijuana. A separate bill by Moody would allow for the sale and recreational use of marijuana.
Moody called the hearing on House Bill 3652 historic while laying out the bill on Tuesday.
“No cannabis retail market bill has ever gotten a hearing like this in the Texas Legislature,” Moody said. “That reflects the changing times that we’re in, and I think of this as the beginning of a public conversation about whether this the right policy for our state. I certainly think this is, and I know you’ll hear from some witnesses that feel the same way.”
Legalizing marijuana faces long odds in Texas. Texas has a limited medical marijuana program, but recreational use goes too far for most members of the Texas Legislature, particularly among Republicans, said University of Houston Political Science Professor Brandon Rottinghaus.
“Because of political worries, Texas has only taken baby steps to expand marijuana use,” he said in a text.
Generally speaking, the bill legalizes marijuana and outlines how it can be cultivated, tested, transported, sold, consumed and taxed.
“I want to encourage you not to get bogged down in the specifics,” Moody said. “That kind of thing matters when the idea really takes hold.”
Rep. Ken King, chair of the committee where the bill was heard Wednesday, said he personally doesn’t support Moody’s bill.
“That being said, when I walk down Congress, you can openly by pot on the street of our state capitol any time you wanted, and while I don’t support what your bill is attempting to do, I certainly don’t support the way the law is being enforced today, and I just think it’s time for the conversation,” said King, a Canadian Republican.
Moody said it’s a big deal just to have the conversation.
“Texas, I will say, is going to be very slow to move in this direction, but having the conversation like this and building it from the ground up is the right way to do it,” Moody said.
Only a few speakers addressed lawmakers, advocating for or against the legalization proposal. Speakers opposing the legislation advocated for continued legal deterrents to prevent marijuana use and warned of addiction. Supporters spoke of potential revenue for Texas and medical benefits, particularly as an alternative to opioids.
A bill expanding Texas’ Compassionate Use Program, which allows doctors to prescribe “low-THC cannabis” to treat a limited number of medical conditions, recently passed out of the House. The bill would add chronic pain when opioids would otherwise be prescribed to qualifying medical conditions.
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© Fort Worth Star-Telegram
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