Will pot possession still lead to jail time? El Paso moves 'cite and release' conversation forward

Aaron Montes | El Paso Times

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The city of El Paso may soon join other large Texas cities in implementing a policy that directs law enforcement away from arresting residents for low-grade marijuana possession offenses.

The council voted, 6-2, in favor of igniting efforts to adopt what is called 'cite and release,' which has been adopted in other major cities to reduce the number of people incarcerated for Class A and B marijuana charges. District 7 and 8 representatives Cissy Lizarraga and Henry Rivera voted against the effort.

Now, the city's staff is tasked with discussing the policy with other law enforcement agencies and prosecutors in the county. Some agencies included in the talks may include the El Paso Police Department, Texas' Department of Public Safety, the El Paso County District Attorney and Sheriff's Office.

State Rep. Joe Moody of El Paso, who also serves as Speaker Pro Tempore, spoke in favor of the council's resolution Tuesday to ignite efforts that would implement the 'cite and release' practice in the city. He acknowledged that DPS had already began practicing the policy.

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The move may lead to a reduced burden on police and law enforcement, reduced population at the county jail and savings for county operations, he said.

"This is a very sound measure," he said. "It is gonna make sense for taxpayers."

El Paso County prosecutor James Montoya, who is running to be the next district attorney, also spoke in favor of the effort. The move will allow police to issue citations for offenders to appear in court and move on with other duties.

The policy does not decriminalize marijuana and it's a "mischaracterization that it's soft on crime," he added.

But Michael Short, incoming president of the El Paso Municipal Police Officers Association, said the policy would create issues for the city. Police and sheriff's deputies will have to follow up on investigations and citations, he added.

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Short claimed communities in Denver, Colorado; Portland, Oregon; and the state of California are in disrepair due to relaxed marijuana legislation.

"You're inviting a problem," he said.

District 2 and District 4 city representatives Alexsandra Annello and Sam Morgan said policies like 'cite and release' are permitted by the state and put in place by major cities in Texas.

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Annello said low-income individuals jailed because of low-level marijuana possession charges are often subject to losing their jobs or incapable of going to school because they can't bail out.

Morgan said he did not believe it 'ties the hands of police officers,' and said the current system in place impacts the poorest in the community because it is expensive and takes time.

Rivera and Lizarraga said they wanted the city's leadership to discuss the impact of the policy before implementing it in El Paso.

Lizarraga said she'd like to see El Paso's Police Chief Greg Allen involved in the talks and to evaluate the impact on the police.

Rivera said he'd like to review the data on the county's 'First Chance Program,' which allows an individual a chance at keeping the misdemeanor charges off their record.

He also was critical of the policy saying "it just circumvents the process of an officer."

The council nearly postponed their vote when District 6 city representative Claudia Ordaz Perez agreed with Lizarraga that more discussion was needed between the city's leadership and other law enforcement agency.

But the action was passed when the council agreed to use the resolution not to implement the policy but to get the effort moving.

Aaron Montes may be reached at 915-546-6137; amontes@elpasotimes.com; @aaronmontes91 on Twitter.