Texas Representative Joe Moody introduced a bill yesterday morning calling for the decriminalization of “marihuana” possession. The proposed bill would also create “an exception to prosecution for possession of associated drug paraphernalia.”
Under HB 334, possession of over one ounce of marijuana would still be punishable with a misdemeanor, while five pounds or more would still garner a felony charge.
Should the bill pass, police would cite the person caught in Texas with under one ounce of cannabis with a civil penalty of up to $250. It is important to note that these civil penalties for marijuana possession cannot be considered a “conviction” on someone’s criminal record.
The court can waive the civil penalty in favor of issuing up to ten hours of community service or admittance into a substance abuse education program at the judge’s discretion.
If someone is issued three separate civil offenses for marijuana possession, the fourth instance would make the accused eligible for a Class C misdemeanor charge rather than a fine.