Marijuana decriminalization bill gets first hearing in Texas House

Montgomery resident JT Thomas participates in the Cannabis Open Carry Walk on Saturday, Aug. 4, 2018, off of North Loop 336 in Conroe. Montgomery resident JT Thomas participates in the Cannabis Open Carry Walk on Saturday, Aug. 4, 2018, off of North Loop 336 in Conroe. Photo: Michael Minasi, Staff Photographer / Houston Chronicle Photo: Michael Minasi, Staff Photographer / Houston Chronicle Image 1 of / 1 Caption Close Marijuana decriminalization bill gets first hearing in Texas House 1 / 1 Back to Gallery

The winds of change are rising in Texas, and they smell like pot.

On Monday, the House of Representatives Criminal Jurisprudence Committee held the first hearing of the legislative session for a marijuana-related bill, one of three dozen pieces of legislation that would loosen anti-marijuana laws in Texas.

House Bill 63 by Rep. Joe Moody, D-El Paso, would decriminalize the possession of small amounts of marijuana in Texas, instead imposing a civil fine of up to $250 with no jail time or criminal record.

“On many, many levels, the current law is not sound policy,” Moody told the Express-News. “The punishment doesn’t fit the crime and we need a different way of doing things in Texas.”

Current law imposes a Class B misdemeanor, which includes up to 180 days in jail, for low-level possession of marijuana. Under the bill, people could still be charged with a Class C misdemeanor — with no jail time — if caught with the drug three times.

Moody has been pushing since 2015 on the issue. His bill is just one of almost 40 bills that address a range of issues from medical marijuana to criminal justice reform.

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“The vast majority of Texans want to see marijuana laws reformed in one way or another, and we’re finally seeing lawmakers really reflecting that in the legislation they’re introducing and signing on to,” said Heather Fazio, director of Texans for Responsible Marijuana Policy.

Texas law enforcement officers are among the biggest opponents of H.B. 63 and other legalization efforts. They say loosening the law will promote marijuana use in the state, and lead to more people addicted to more serious drugs.

“Not all marijuana smokers are drug addicts, but all drug addicts start with marijuana,” testified Terence Holway, a sergeant with the Plano Police Department. “I’m a firm believer that marijuana is a gateway drug.”

But at least one prominent Republican foe in years past has reconsidered.

Advocates for legalization are optimistic after Gov. Greg Abbott said during a gubernatorial debate he would consider dropping the penalty for low-level possession from a Class B misdemeanor to a Class C misdemeanor, with no jail time. Also in its most recent party platform, the Republican Party of Texas approved a plank in support of making possession of less than 1 ounce of marijuana a civil offense rather than a criminal offense.

Moody credits the momentum behind cannabis reform to advocates who have been urging the Legislature to implement more lax laws for a number of years.

“That energy and enthusiasm about creating good policy translates to support in the building,” Moody said. “Their tireless efforts allowed us to put this forward first in 2015 and now step into a space that’s ready to be stepped into. Because of all the work that has been done over the past four years, it has put us in a position to step into that space.”

Following a lengthy hearing, the bill was eventually left pending in committee, as legislators need to wait 90 days before taking votes on bills in committee that aren’t emergency items.

“This is a very solid fix to the criminal justice piece of the puzzle,” Moody said. “I certainly think there are other avenues we can go down, but this is one that I think would be a good public policy change.”