A bill that would make possession of 1 ounce or less of marijuana a civil offense made it out of the Criminal Jurisprudence Committee of the Texas House Monday. Rep. Erin Zwiener (D-Driftwood) is one of the bill’s 27 coauthors.
House Bill 63, filed by Rep. Joe Moody (D-El Paso), proposes that, “a person who knowingly or intentionally possesses a usable quantity of marihuana [sic] in an amount that is one ounce or less does not commit an offense but is liable to the state for a civil penalty not to exceed $250. The imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose.”
Currently, possession of 2 ounces or less of marijuana is a Class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000.
According to the bill as proposed, subsequent possession of 1 ounce or less of marijuana would be considered a Class C misdemeanor if the person had been assessed a civil penalty for possession three times. Moreover, the fiscal note attached to the bill notes that if a person subject to the penalty is indigent, the court must waive the fee and assign the person to no more than 10 hours of community service. The bill would also allow the civil penalty to be waived if the person cited completed a substance abuse program or performs up to 10 hours of community service as recommended by the court.
According to data compiled by the Hays County judge’s office, possession of less than 2 ounces of marijuana has been the most common offense for which people are arrested in Hays County. The data shows that in 2013, 519 arrests and 310 convictions were made; in 2014, 514 arrests and 324 convictions were made; in 2015, 617 arrests and 295 convictions were made; in 2016, 815 arrests and 353 convictions were made; and in 2017, 866 arrests and 264 convictions were made for possession of less than 2 ounces of marijuana.
The fiscal note attached to HB 63 notes that the bill does not specify where the funds collected from civil penalties under the bill would go, other than the person cited would be “liable to the State for a civil penalty.” If 100 percent of the fines go to the state’s general revenue, the note states, “By decriminalizing the cases described above, it is estimated that court cost revenue loss would be $1,734,523 each fiscal year in All Funds, offset by a revenue gain in civil penalties of $2,678,000 each fiscal year in General Revenue.”
HB 63 is slated to go to the House Calendars Committee, which schedules discussions of bills on the House floor. If it becomes law, the bill will take effect Sept. 1.
In the Senate, an identical bill authored by Sen. Jose Rodriguez (D-El Paso) was referred to the Criminal Justice Committee in February.
