Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
While some lawmakers are calling for the prohibition of synthetic marijuana derivatives marketed as incense, state Rep. Harold Dutton Jr. (D-Houston) wants to relax penalties on the real deal.
As he has in past sessions, Dutton filed legislation to reduce punishment for possession of relatively small amounts of marijuana. His House Bill 458 would reclassify possession of less than one ounce of marijuana from a Class B Misdemeanor to a Class C Misdemeanor (the same level as a parking ticket).
A Class B Misdemeanor carries a maximum penalty of a $2,000 fine and/or six months in jail, while a Class C Misdemeanor carries a maximum penalty of a $500 fine. Currently, possession of up to two ounces of marijuana is a Class B Misdemeanor.
Dutton’s legislation would also require offenders granted a referral to complete a drug awareness program in addition to other directives. An offender would be charged with a Class B Misdemeanor if he/she had three previous Class C Misdemeanor possession convictions in the previous two years.
In past years, the Legislative Budget Board has estimated that similar bills of Dutton’s would result in no significant fiscal impact to the state.
While lessening penalties for marijuana may not save the state money, another of Dutton’s wonted drug-related policy proposals would — in 2009, the LBB estimated that easing up on punishment for possession of small amounts of drugs (including heroin, cocaine, methamphetamines, etc.) would save the state nearly $280 million over five years. Dutton hasn’t filed similar legislation yet for 2011, but his 2009 HB 287 called for reclassifying possession of less than one gram of Penalty Group 1 and Penalty Group 2 substances from a state jail felony to a Class A Misdemeanor.
On the other end of the spectrum, state Sen. Joan Huffman (R-Southside Place) filed a bill to laws concerning the delivery of drug paraphernalia to a minor. Her Senate Bill 239 would make it a felony for anyone 18 years or older to deliver drug paraphernalia to anyone under the age of 18 — even if they are close in age. Currently, the offense is a Class A Misdemeanor if the actors are less than three years apart in age. Huffman’s bill would remove that exemption, so that, for example, it would be a felony, instead of a misdemeanor, for someone age 18 to deliver drug paraphernalia to someone age 17.
Meanwhile, state Reps. Aaron Peña (R-Edinburg) and Fred Brown (R-Bryan) each filed legislation to add synthetic marijuana derivatives to Penalty Group 2 of the Texas Controlled Substances Act, alongside mescaline and hallucinogenic mushrooms. And state Rep. Charles “Doc” Anderson (R-Waco) is again attempting to make hallucinogen Salvia dinorum illegal. Anderson’s HB 470 would add the mint relative to Penalty Group 3, alongside diazepam (Valium), peyote and anabolic steroids.
• Thanks to GuitarMan313 for submitting this article
NewsHawk: Jim Behr: 420 MAGAZINE
Source: americanindependent.com
Author: Patrick Brendel
Copyright: 2011 The American Independent News Network
Contact: Contact | The American Independent
Website: Dutton wants to end jail time for possession of small amount of marijuana | The American Independent
As he has in past sessions, Dutton filed legislation to reduce punishment for possession of relatively small amounts of marijuana. His House Bill 458 would reclassify possession of less than one ounce of marijuana from a Class B Misdemeanor to a Class C Misdemeanor (the same level as a parking ticket).
A Class B Misdemeanor carries a maximum penalty of a $2,000 fine and/or six months in jail, while a Class C Misdemeanor carries a maximum penalty of a $500 fine. Currently, possession of up to two ounces of marijuana is a Class B Misdemeanor.
Dutton’s legislation would also require offenders granted a referral to complete a drug awareness program in addition to other directives. An offender would be charged with a Class B Misdemeanor if he/she had three previous Class C Misdemeanor possession convictions in the previous two years.
In past years, the Legislative Budget Board has estimated that similar bills of Dutton’s would result in no significant fiscal impact to the state.
While lessening penalties for marijuana may not save the state money, another of Dutton’s wonted drug-related policy proposals would — in 2009, the LBB estimated that easing up on punishment for possession of small amounts of drugs (including heroin, cocaine, methamphetamines, etc.) would save the state nearly $280 million over five years. Dutton hasn’t filed similar legislation yet for 2011, but his 2009 HB 287 called for reclassifying possession of less than one gram of Penalty Group 1 and Penalty Group 2 substances from a state jail felony to a Class A Misdemeanor.
On the other end of the spectrum, state Sen. Joan Huffman (R-Southside Place) filed a bill to laws concerning the delivery of drug paraphernalia to a minor. Her Senate Bill 239 would make it a felony for anyone 18 years or older to deliver drug paraphernalia to anyone under the age of 18 — even if they are close in age. Currently, the offense is a Class A Misdemeanor if the actors are less than three years apart in age. Huffman’s bill would remove that exemption, so that, for example, it would be a felony, instead of a misdemeanor, for someone age 18 to deliver drug paraphernalia to someone age 17.
Meanwhile, state Reps. Aaron Peña (R-Edinburg) and Fred Brown (R-Bryan) each filed legislation to add synthetic marijuana derivatives to Penalty Group 2 of the Texas Controlled Substances Act, alongside mescaline and hallucinogenic mushrooms. And state Rep. Charles “Doc” Anderson (R-Waco) is again attempting to make hallucinogen Salvia dinorum illegal. Anderson’s HB 470 would add the mint relative to Penalty Group 3, alongside diazepam (Valium), peyote and anabolic steroids.
• Thanks to GuitarMan313 for submitting this article
NewsHawk: Jim Behr: 420 MAGAZINE
Source: americanindependent.com
Author: Patrick Brendel
Copyright: 2011 The American Independent News Network
Contact: Contact | The American Independent
Website: Dutton wants to end jail time for possession of small amount of marijuana | The American Independent
