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Courts Throughout Texas Are Easing Up on Marijuana Offenses

TX Marijuana Law

Misdemeanor marijuana cases in Texas are seeing more lenient consequences and alternative options for punishment rather than jail time. In Travis County, roughly 50-percent of misdemeanor marijuana charges were dismissed. It is reported that some defendants were given the option to attend a 60- to 90-day education class and in return their charges were dropped.

Roughly 33-percent of misdemeanor marijuana cases in 2015 were dismissed, reports My Statesman. That is up roughly 10-percent from numbers retrieved from 2011, where 23-percent of cases were dismissed. Law enforcement officers are still issuing citations and making arrests for marijuana possession, but the courts are taking a different approach.

John Myers experienced the leniency when he was stopped and was found in possession of 3.9 ounces of marijuana and a pipe. His reasoning for using marijuana is to treat his symptoms of multiple sclerosis. Rather than a jail sentence, he was sentenced with 20-hours of community service.

Myers said, “I never appeared in court, I never talked to a judge, I never talked to a prosecutor. I thought it was a fair way to treat the case. I was pleased, really happy.”

When Texas lawmakers reconvene in January, marijuana use and possession is expected to be a topic of discussion. With many of the heavily populated cities around the state loosening the reigns regarding marijuana possession, some believe it will be the beginning of decriminalization or steps toward legalization in Texas.

North Texas is seeing the biggest influx in marijuana case dismissals in the state. Tarrant County dismissed 24.3-percent of marijuana related cases in 2015. Dallas County dismissed just 18-percent of cases in 2011, but spiked to 41-percent dismissal rates in 2015.

Travis County officials dismissed 42.6-percent of resolved marijuana-related cases in 2011. This county is making claims that it is focusing on crime that is more serious and offenses that are more serious.

Dan Hamre, Assistant Travis County Attorney, said, “Jurors would look at us like we are crazy. You are spending your time, our time, and the court’s time on a small amount of personal marijuana?”

Cases are being resolved across Texas with alternative punishments, or complete dismissals being the most common result.

Texas District and County Attorney’s Association member Shannon Edmonds said, “Nobody goes through three years of law school and becomes prosecutors so they can rap the knuckles of someone for smoking a joint. It’s not what draws them to the profession or gets them excited about doing justice. I certainly think prosecutors have higher priorities than strictly enforcing that statute.”