Dallas Woman Pushing Police to Adopt Voluntary ‘Cite and Release’ law for Marijuana Posession

A Dallas woman is on a crusade to convince local police departments to adopt a voluntary marijuana ‘cite and release’ law a that would allow police officers to issue citations in lieu of arresting individuals who possess less than 4 ounces of the green herb.

Yvette Gbalazeh, a graduate from the University of Houston and Dallas resident is taking to the streets and teaching people about the cite and release law. Being a former medical marijuana patient herself she has now taken the reins in the fight to make the voluntary law in Texas a reality. The bill, written in 2007 by a former State Representative out of Plano Jerry Madden.

“We passed it as a voluntary law, we knew it would be voluntary and we knew it would take time and we hoped it would just gain strength,” Madden said.

This voluntary law giving law enforcement the option to scribble up a citation instead of incarcerating them, impounding their car and other measures that suspends ones freedom for possession of small amounts of cannabis is being ignored.

Gbalazeh said in a statement to Fox4News.com that over the past week she has spoken to 13 out of the 26 chiefs of police for all the cities in Dallas County.

While visiting with police and county commissioners she’s been making them aware of this law and asking them to start using it. Gbalazeh will continue on her mission to spread the word about cite and release until it is in full effect in Texas. The city of Balch Springs just southeast of Dallas are now implementing cite and release.

Lt. Mark Maret with the Balch Springs Police Department is saying “You make an arrest on it, then you have to process the marijuana, you have to put it into evidence or into the property room, plus you go back and you have to file the paperwork, your arrest report for our police department, but then you also have to file all the paperwork to file charges though Dallas County.” The waste of time and money spent on these hand-slap laws are relevant with this Officer and another admission that the war on drugs is a failure.

Dallas County Director of Criminal Justice Ron Stretcher complains that “Cite and release is a tool that’s been provided by the legislature that we’ve tried in Dallas County and did not find successful, we found on those cases, 60 percent of the people did not show up for court.”

Stretchers colleague, Dr. Theresa Daniel the Dallas County Commissioner stated that the county is exploring new avenues other than jailing the low-level offenders, including small amounts of cannabis by using its new ‘stepping up’ initiative.

Dr. Daniel askes “Are there certain activities that can happen before a person gets processed into the jail that would better serve not only the inmate, but families and taxpayers?”

I have concerns that people will be tricked by this ‘cite and release’ bill and automatically accept a false sense of security. So please read and heed the following warnings:

#1 It only applies if the alleged offense happens in the same county where the the accused person lives.

#2 This does absolutely nothing to change the sentencing.

#3 The officer still has the option to arrest, and in Texas the cops can still lock you up for traffic violations. With only Speeding and Open Container being the only violations that are not arrestable offenses.

However, if the person is detained and arrested, there are directives do expedite their appearance before the court within 48 hrs.

Also, if the accused is ticketed or arrested, the magistrate is directed to release the accused person on a personal bond, unless just cause can be shown.

Here are the main parts of the bill, showing the misdemeanors that are covered.

Texas House Bill 2391

SECTION 1. Article 14.06, Code of Criminal Procedure,

, the person making the arrest or the person having custody of the person

arrested shall take the person arrested or have him taken without

unnecessary delay, but not later than 48 hours after the person is

arrested, . The magistrate shall immediately perform the duties described in

this Code. [see below (g)]

(c) If the person resides in the county where the offense

occurred, a peace officer who is charging a person with committing

an offense that is a Class A or B misdemeanor may, instead of taking

the person before a magistrate, issue a citation to the person that

contains written notice of the time and place the person must appear before a magistrate of this state as described below:

(1) Section 481.121, Health and Safety Code: As it pertains to the possession to 4 ounces or less of marijuana.

(2) Sec. 28.03. CRIMINAL MISCHIEF: A person commits an

offense if, without the effective consent of the owner:

(A) he intentionally or knowingly damages or destroys

the tangible property of the owner;

(B) he intentionally or knowingly tampers with the

tangible property of the owner and causes pecuniary loss or

substantial inconvenience to the owner or a third person; or

(C) he intentionally or knowingly makes markings,

including inscriptions, slogans, drawings, or paintings, on the

tangible property of the owner.

(3) Sec. 28.08 Same as above with exception that said property is public, community or private with more than one owner.

(4) Sec. 31.03. THEFT: A person commits an offense if he

unlawfully appropriates property with intent to deprive the owner

of property.

(5) Sec. 31.04. THEFT OF SERVICE:: A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for compensation.

(6) Sec. 38.114. CONTRABAND IN CORRECTIONAL FACILITY

(7) Sec 521.457. Driving While license Invalid (Suspended)

(g) If a person charged with an offense punishable as a

misdemeanor appears before a magistrate in compliance with a

citation the magistrate shall perform the duties imposed by this

article in the same manner as if the person had been arrested

and brought before the magistrate by a peace officer.

After the magistrate performs the duties imposed by

this article, the magistrate except for good cause shown may

release the person on personal bond. If a person who was issued a

citation fails to appear a warrant shall then be issued for the arrest of

the accused.

Texas cite and release Facebook page

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