tag:blogger.com,1999:blog-8597101.post1888159647420387878..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Man bites dog: DAs support reduced drug sentences, but not in TexasGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8597101.post-5836067126629565072013-05-25T09:29:41.020-05:002013-05-25T09:29:41.020-05:0010:05, the post acknowledged that Oregon and Texas...10:05, the post acknowledged that Oregon and Texas sentencing schemes are different. At lower amounts, mandatory minimums make their scheme harsher. At higher quantities or for hard drugs, Texas' laws are arguably harsher, or at least juries and judges have discretion to be MUCH more punitive.<br /><br />That said, when you look at TX legislation, say, to reduce low-level pot possession to a Class C - a policy that would reduce both incarceration and indigent defense costs for counties - the opposition consistently over the years has come from prosecutors and police unions.<br /><br />I also agree that in Texas, costs for marijuana enforcement are mostly local and the state-level cost issue isn't as significant as with small-time drug sentences of other stripes. Less than a gram and 1-4 gram cases are charged as felonies when most defendants are basically petty users. That's the area where Texas is most likely to embrace reform over the next few sessions and I'm hoping before it's done, just like on the Michael Morton Act, we'll see prosecutors not only openly supporting the idea but claiming credit for it in the end. Tis the nature of politics.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64814485371933483582013-05-24T22:05:30.381-05:002013-05-24T22:05:30.381-05:00Grits, you may be surprised to know that Texas law...Grits, you may be surprised to know that Texas law is already much more lenient than Oregon law on marijuana.<br /><br />In Oregon, possession of more than one ounce is punishable by up to 10 years in prison and a $250,000 fine.<br /><br />Possession of up to two ounces in Texas is a Class B misdemeanor punishable by up to 180 days in county jail. Possession of between two to four ounces is a class A misdemeanor punishable by up to a year in the county jail. The maximum fine in either case is $4,000.<br /><br />The same goes for delivery. In Oregon, the delivery of even the smallest amount of marijuana is a felony punishable by up to 10 years in prison and a $250,000 fine.<br /><br />Delivery in Texas is one degree higher than the amount possessed. So if you deliver 2 ounces, it is a Class A misdemeanor. If you deliver 4 ounces, it is a state jail felony.<br /><br />Texas law is already MUCH more liberal than Oregon law when it comes to marijuana possession and delivery. Oregon is sending all of these people to prison, when in Texas they are generally getting time served or a few months probation.<br /><br />Maybe that's why Texas prosecutors aren't calling for more lenient marijuana laws. And, seriously, when is the last time you heard of some "penny ante" marijuana dealer getting a long sentence in Texas?Anonymousnoreply@blogger.com