Decriminalization of Weed in Texas

While many other states continue to pass bills to decriminalize – or even legalize – possession of recreational marijuana, Texas failed to pass a decriminalization bill earlier this year. Though the bill passed the House, it did not pass in the Senate. 

Possession of weed is still very much against Texas state law, and there are strict penalties you can face for an arrest in many areas of the state. If you are arrested for marijuana possession, immediately consult with an experienced drug crime defense attorney in San Marcos. 

Despite the legislature’s failure to accomplish statewide decriminalization, several local governments and authorities have taken matters into their own hands. These policies usually apply to smaller amounts of marijuana – two to four ounces – and only to simple possession for personal use. 

Local policies changes

Some examples of local policy changes include the following:

• Austin = Municipal initiative to prohibit arrests for Class A or B misdemeanor weed possession
• Bexar County = City council resolution for a summons and release for weed possession
• Cedar Park = Sheriff’s Office policy for a summons and release for weed possession
• Dallas = House bill passed for a summons and release for weed possession
• Denton = Municipal initiative to prohibit arrests for Class A or B misdemeanor weed possession
• Elgin = Municipal initiative to prohibit arrests for Class A or B misdemeanor weed possession
• El Paso = City council resolution for a summons and release for weed possession
• Harker Heights = Municipal initiative to prohibit most arrests for weed possession and preventing the odor of weed from being the probable cause of a crime
• Houston/Harris County = City council resolution for a summons and release for weed possession
• Hays County = Sheriff’s Office policy for a summons and release for weed possession
• Killeen = Municipal initiative to prohibit arrests for Class A or B misdemeanor weed possession
• Nueces County = District Attorney’s Office policy for a summons and release for weed possession
• Plano County = Sheriff’s Office policy for a summons and release for weed possession
• San Marcos = Municipal initiative to prohibit arrests for Class A or B misdemeanor weed possession
• Tarrant County = Informal cite and release policy instead of arrests for under two ounces
• Travis County = County Commissioner’s Court passed a policy that new penalties for weed possession are a $45 fine and a 4-hour marijuana class
• Williamson County = Program passed for a summons and release for weed possession

Note that while you might not be arrested and jailed for weed possession in these localities, you can still face criminal charges and criminal court proceedings. It is critical that you discuss your situation with a drug crime defense attorney. 

Seek Help from a San Marcos Drug Crime Defense Attorney

The Mendoza Law Firm stays fully aware of all the decriminalization efforts throughout Texas, and we know your rights under the law. If you are arrested or cited for drug possession of any type, we are ready to help. Our legal team provides aggressive defense representation for all types of criminal charges. Contact us today for a consultation to learn about how we can assist you.