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Texas House passes bill slashing penalties for low-level cannabis possession

The bill would reduce low-level weed possession to an offense that carries a fine but no jail time.

By Sanford Nowlin on Fri, Apr 28, 2023 at 9:31 am

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Will the third time be the charm for a weed reform bill approved by the Texas House actually being heard in the Texas Senate?

The Texas House of Representatives on Thursday gave its final approval to a bill that would eliminate jail time for people busted with small quantities of cannabis.

House Bill 218 would reduce possession of up to one ounce of cannabis to a Class C misdemeanor, an offense for which the maximum penalty is a fine of up to $500. Additionally, the measure would establish a process through which people with possession convictions can have them expunged from their records.

State Rep. Joe Moody, D-El Paso, the bill's author, said the change will save the state money and allow law enforcement officials to concentrate on dealing with serious criminal activity.

“Possessing a small amount of cannabis is still illegal. We’re just addressing it in a smarter way than we do now,” Moody said this week during debate on the proposal, Marijuana Moment reports. “What this will do is free up hundreds of millions of dollars that currently go into enforcement, keep police on the street working more serious cases instead of processing these petty arrests and make sure those who would currently end up with a record that interferes with jobs, school, housing and licensure come out of the process without any permanent stigma.”

Cannabis reform advocates praised the House's approval of HB 218 but pointed out that the legislation faces an uncertain future in the Texas Senate. Lt. Gov. Dan Patrick, who controls that body's agenda, has stymied two previous decriminalization bills authored by Moody that passed the Texas House.

"I am excited to see our priority legislation continuing to move forward in the Texas legislature," said Jax James, executive director of Texas NORML. "The House’s support for reducing marijuana penalties is heartening. But we still have more work to do in the Senate. I encourage my fellow Texans to reach out to their Senators and urge them to support this bill. Texas leads the nation in marijuana-related arrests. Passage of this legislation will end this dubious distinction."

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