TX marijuana reform news, notes, and questions

Grits' analysis of prospects for marijuana penalty reform haven't changed since the beginning of the legislative session. Full-blown Colorado-style legalization is off the table this year, but penalty reduction for user-level marijuana possession has an excellent chance.

The Republican Party in its platform has endorsed one proposal making possession of up to one ounce of marijuana a civil penalty, a measure embodied in Speaker Pro Tempore Joe Moody's HB 63, which received an early hearing this week. Watch the hearing here; the discussion of HB 63 begins at the 41 minute mark.

Meanwhile, Governor Abbott has endorsed reducing the penalty for up to two ounces of pot to a Class C misdemeanor, which is a fine-only offense usually handled with a written citation.

Those remain the two, competing proposals with the best chance of passage. And the civil-penalty idea is getting a head start in the House with a strong, early hearing. Plus we're gaining a little new information as the process moves along. Here are several, disparate, pot-related items I wanted to record at this point in the process which merit Grits readers' attention:

First, the Texas Observer best-in-state coverage of Monday's hearing was titled "Third Times' a Charm," which is certainly the case for Speaker Pro Tempore Joe Moody's bill providing civil penalties for pot. His was a fresh approach to an old problem. But it's worth remembering that legislation to reduce penalties for low-level marijuana possession, as Governor Abbott endorsed, first (unanimously) passed out of the House Criminal Jurisprudence Committee in 2005. The bill simply has never been blessed by House leadership to receive a floor vote, even though most vote counters believe it would overwhelmingly pass.

Another tidbit from this Texas Tribune story, an updated estimate of the number of annual marijuana arrests: "According to the Texas Department of Public Safety, roughly 379,000 Texans have been arrested for possessing 2 ounces or less of marijuana in the past five years." That's 75,800 people arrested per year, more than has sometimes been reported.

Moreover, the Trib reported, "In Dallas County, newly-elected District Attorney John Creuzot said his office is currently declining prosecution for first-time marijuana possession offenders." Creuzot is the first Texas DA to go that far. Here's hoping he won't be the last, and that he'll expand the non-prosecution policy to other victimless crimes like Driving With License Invalid (DWLI).

In San Antonio, DA Joe Gonzalez aims to fix a broken, unused cite-and-release system for pot possession and theft of service, eliminating a $250 fee that kept people from using it, the Express-News reported. (He is also becoming a vocal proponent of bail reform.)

No companions have been filed in the Senate to either Moody's bill or the competing penalty-reduction legislation, although there are still a couple of days left to sneak one in under the wire. (See the comments.) But especially with Moody's bill getting an early start, it appears the marijuana reform action will begin on the House side this year. That suits me fine. I don't doubt for a moment there are sufficient votes on the House floor to pass it.

Unanswered questions: There are many.

Will the House Criminal Jurisprudence Committee Chairwoman Nicole Collier also hear legislation promoting Gov. Abbott's version of reform, or was the early promotion of HB 63 a signal that she prefers that method?

Will Gov. Abbott acquiesce in a GOP-platform endorsed alternative (HB 63) to his own idea, or threaten an unpopular veto?

If Moody's bill comes over from the House with the GOP-state platform's imprimatur, will Lt. Gov. Dan Patrick, a champion of the platform on other topics, shut it down?

There's many a slip twixt the cup and the lip, as my late grandmother used to say. And while there are positive signs this year for reducing user-level marijuana penalties in Texas, there are also a lot of things that could go wrong if key actors aren't willing to compromise.

Grits prefers the Moody bill, but the Governor's proposal would be a huge improvement and I've supported his suggestion many times in past legislation, back before marijuana reform became the Flavor of the Month. Either approach would be a big improvement and I hope legislators, the Governor, and everyone else with competing proposals can agree on a path forward.