13 Nov 2012
Despite the passage last week of referenda in Washington and Colorado legalizing small amounts of marijuana for “recreational use”, Governor Rick Perry says we shouldn’t expect a similar result in Texas in the near future.
Those who monitor the status of marijuana arrests in the United States may applaud the new laws, but they point to benefits that transcend the specifics of marijuana decriminalization. The fact is that over a third of state inmates in this country who have been convicted of drug crimes are incarcerated as a result of offenses involving marijuana. When you add to that the annual cost of the war on drugs on a federal level ($15 billion annually), and some cogent arguments that marijuana arrests disproportionately affect (or target, depending upon your viewpoint) African Americans and Latinos, there are many who find the legalization route attractive, and not because they believe smoking pot is a good thing. Moreover, on a local level, processing marijuana arrests and housing prisoners resulting from those arrests present a significant financial burden for state and local governments. For example, in Washington, marijuana arrests over the past decade have cost the taxpayers over $200,000,000.
The law in Texas is what it is, however, and most people acknowledge, at the very least, that arrests for possession of marijuana are a major contributing factor to the logjam in processing people through the criminal justice system. Accordingly, the Austin Police Department announced last week that it was implementing a new policy that it predicts will help ease that logjam.
Effective immediately, police officers in Austin will have the power to release those arrested for possession of less than four ounces of marijuana, a misdemeanor under section 481.121 of the Penal Code, without the usual trip to jail for booking. The policy will be applicable as long as the suspect has identification and no outstanding warrants.
The drug problem in our country is huge, and the difficulties caused by the use and abuse of drugs are substantial. The APD policy holds the promise of making the system a bit more efficient. Of course, it doesn’t address the root of the problem of either drug use or our drug laws, but the APD doesn’t legislate, and we commend the Department for doing its part to help where it can.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737