From a comment left on the post of the Texas Possession of Marijuana statute: “What about HB 254, which amended this statute?”

House Bill 254 from the 79th legislative session, originally introduced by Harold Dutton, would have reclassified possession of up to one ounce of marijuana as a Class C misdemeanor. Currently, any usable amount up to two ounces is a Class B, and HB 254 would have left possession of one to two ounces at that level (same level as first time DWI). This would have allowed police officers to confiscate the marijuana, and write someone a ticket for it, rather than arresting them and further clogging the jails.

Unfortunately, despite sailing through the Texas House Criminal Jurisprudence committee unanimously, it was never scheduled for a floor vote, and thus died almost unnoticed.

Back to the question asked, actually the answer is that the Texas marijuana statute was not amended, and therefore, remains in its current form. But I will be happy to amend the statute in the blog, as soon as the Texas legislature does…

(See Grits for Breakfast’s usual outstanding coverage on this topic here)

  • Kevin

    Hmm, that’s interesting. I’m 32 years old and moderately successful. I don’t drink very often (don’t enjoy it), don’t smoke, and don’t use any drugs. It’s been 9 years since I tried any marijuana. I started in a very stressful new position at my company a few months ago, and just recently the thought has crossed my mind that it would be quite nice to use some pot on a Friday evening now and then, with my girlfriend, at the end of a long, turbulent, stressful week, in the comfort and privacy of my own home, without hurting another soul.

    So here I was looking up marijuana laws in Texas as part of my “research” and I come across this, linked by Google (very nice blog, by the way). I wouldn’t know where to start to try to buy marijuana, but even if I could, the legality would probably prevent me. So I guess I’m out of luck. That’s too bad about HB 254, I think it would have been quite nice and quite a novel way to unwind from the stress once a month or so…

  • Klaire

    I got stopped for a going over the speed limit in a TX hwy and had a small marijuana cigarette in my car. The trooper did not arrest me and gave me a citation because I was “cooperative”.The ticket said it was a warning for speeding and the violation – Possession of Marijuana less than 2 oz -. It was way less than 2 oz. It was half a cigarette. I am an upstanding citizen like Kevin and will soon start a new career. I have already contacted a lawyer and he is taking my case. I think it was a bit pricey, but I really do not want for this to go on my record. What can I do to make sure it never goes on my record? Would appreciate any feedback.

  • This is the perfect way to break down this ifnromation.