2012 Election
Fails to Legalize Marijuana in Texas
This last
election, Colorado and Washington voters approved of the legalization and recreational sale of marijuana. In
total, 18 states have also legalized the use of medical marijuana. What
benefits to people see in legalizing marijuana? Some believe this would make
the court system run more efficiently and we could tax it. According to Texas
Democrats that support the decriminalization of marijuana, 85 percent of all
marijuana-related arrests made have been for mere possession. Many truly
believe that holding a ban on marijuana use will give drug cartels and gangs
more power. The legalization of marijuana debate seems like one that shows no
signs of dying down in the near future.
The Texas
Controlled Substances Act governs all of Texas, but particular jurisdictions
have the ability to make particular policies. For example, local agencies in
Austin have recently implemented a policy which states that those caught in
possession of less than four ounces of marijuana can be arrested and then
released immediately based upon a few determining factors. Those factors
include possessing a valid driver license and having a clean record with no
warrants outstanding. So far this year in Austin, there have been approximately
3,249 arrests for marijuana. This number is on pace to be somewhat less than
the amount of arrests that occurred the previous year- 4,300.
Title 6 Chapter
481 of the Texas Health and Safety Code is the Texas Controlled Substances Act.
Marijuana is classified as a Schedule I drug, which means that it is the most
serious type of drug to be found in possession of, including other types of
Schedule I drugs like meth and LSD. Schedule I drugs are considered the most
serious because they have a high potential for abuse, but many believe that the
currently accepted abuse rate of marijuana
is questionable. In many Texas jurisdictions, it may be possible to get a drug
possession charge dismissed or reduced if the amount in possession was small.
Some individuals arrested for mere possession may be eligible for a drug
rehabilitation program rather than imprisonment. Penalties will differ from
case to case.
While Texas
still has not decriminalized the use of marijuana, there is a defense against
these charges. Having a marijuana conviction or prior offense on your criminal
record can mar your reputation for the rest of your life. Many individuals
convicted of mere marijuana possession may still face difficulties and
embarrassment doing things like applying for jobs. To learn more about
marijuana possession in Texas and in your particular jurisdiction, consult with
a criminal defense and drug crime attorney near you.
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