Texas: Rep. Joe Moody's Marijuana Decriminalization Bill Clears Committee

Jacob Redmond

Well-Known Member
A bill that would substitute a civil fine for criminal penalties against those possessing small amounts of marijuana cleared a legislative hurdle late Monday night.

After failing by a narrow vote last week, House Bill 507 passed the House Criminal Jurisprudence Committee 4-2. Sponsored by Rep. Joe Moody, D-El Paso, it would levy civil fines of up to $250 for possession of up to an ounce of marijuana instead of the criminal penalties that are now in place.

It is the farthest any marijuana-liberalization bill has made it this session. No measure that would decriminalize marijuana in some instances was even filed last session.

"It's a profound change," Moody said Tuesday morning. "I think it's a testament to the grassroots network in this state that wants a change in the law."

The Houston Chronicle reported Monday that a medical marijuana bill filed by Rep. Marisa Márquez, D-El Paso, faces delays in committee with time running out in the legislative session.

The support Moody's bill has garnered may show that lawmakers from both parties are rethinking whether harsh criminal penalties for relatively minor drug offenses are good public policy.

"Texas cannot afford to continue criminalizing tens of thousands of citizens for marijuana possession each year," Moody said in a statement. "We need to start taking a more level-headed approach. It is neither fair nor prudent to arrest people, jail them, and give them criminal records for such a low-level, non-violent offense."

Moody cited FBI statistics showing that in 2012, 97 percent of the 72,000 marijuana arrests in Texas were for simple possession of marijuana. Meanwhile, the vast majority of burglaries and vehicle thefts went unsolved, according to the statistics.

By freeing police and prosecutors from the administrative work associated with minor pot busts, they should have more time to focus on solving other crimes, Moody has said.

His bill has received support from groups as diverse as the American Civil Liberties Union, the Katy Tea Party, the Greater El Paso Chamber of Commerce and the Texas Association of Business.

"When you have the Young Republicans and the ACLU agree on something, you know you've struck the right balance," Moody said.

Moody acknowledged that the bill still has a long way to go before it becomes law. It must be scheduled for a vote on the floor of the House and it must pass there. It must then go through the same process in a more-conservative Senate.

The bill also must be signed by Gov. Greg Abbott, who has said he doesn't believe marijuana decriminalization will happen this session. Moody said that many have interpreted Abbott as saying he would veto a measure such as HB 507, but Moody believes the governor merely was saying he did not think a bill would reach his desk.

Should the bill, always a longshot, fail this session, Moody said he plans to move the discussion into the interim before the 2017 legislative session.

"If you don't want to do big things, you shouldn't be here," Moody said.

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