Texas House Passes Bill Eliminating Jail Time for Marijuana Possession

The measure was amended on the floor to appease conservative elected officials.

By Claire Hansen, 

(Getty Images)  
The Texas House of Representatives on Monday passed a bill eliminating the threat of jail time for those found in possession of a small amount of marijuana, becoming the latest Republican-led state legislature to take up marijuana reform.

The measure, however, falls short of its original goal of totally decriminalizing possession of small amounts of cannabis after it was amended in hopes of appeasing Republican Gov. Greg Abbott and other conservative lawmakers.

Under the legislation, people caught with an ounce or less of marijuana would be charged with a non-arrestable Class C misdemeanor and given a fine of up to a $500. They would also avoid a criminal record as long as they adhere to the rules of a short probationary period. Under current law, possession of small amounts of marijuana is a Class B misdemeanor, which could mean jail time or up to a $2,000 fine.

The measure passed by a vote of 98 to 43 and was backed by lawmakers from both parties.

The bill was amended on the floor to make the penalties for possession harsher in hopes of garnering support from Republican lawmakers and the governor. An original version of the bill as introduced by its main sponsor, Democratic state Rep. Joseph Moody, would have made marijuana possession a civil infraction instead of a misdemeanor.

Moody said on the House floor that though the bill isn't as far as he'd like it to go, he was not going to "sacrifice the good for the perfect." Moody also told the Associated Press that the political climate in the state necessitated the changes and said he would work with Abbott's office on the bill.

"There's still one signature I have to think about," Moody said, according to the AP. "And just as I have worked with everyone else today, I'm prepared to work in the lanes the governor has laid out to get this done."

Abbott has reportedly signaled he would support reducing penalties for small-level marijuana possession, but has stopped short of endorsing decriminalization.

The amended bill is at odds with the Texas GOP's stance on marijuana decriminalization, which the party officially supports.

"We have a disconnect with the lieutenant governor and the governor on this issue. It's frustrating for us and I don't know why that is," Jeff LeBlanc, who served on the Texas GOP committee that drafted its marijuana policy platform, told the AP.

The measure will now head to the Senate for consideration.