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Relating to the criminal and licensing consequences of certain marihuana possession and drug paraphernalia possession offenses; imposing a fee.
Reducing the penalty for any criminal offense is expected to result in fewer demands upon the correctional resources of counties or of the State. The probable fiscal impact of implementing the provisions of the bill is indeterminate due to a lack of statewide data containing the level of detail necessary to determine the number of times in which the amount of marihuana possessed was 1 ounce or less or between 1 and 2 ounces. These data are necessary to determine the fiscal implications associated with the bill's provisions.
HB 441 would decrease the possession of one ounce or less of marijuana from a Class B misdemeanor to a Class C misdemeanor, punishable only by a fine of up to $500. Police officers would be required to issue a citation to a person charged with a Class C misdemeanor marijuana possession or possession of drug paraphernalia offense rather than arresting them. HB 441 would permit the expunction of records related to these two offenses if the charges were dismissed or the person was acquitted. The person charged would have to apply for expunction and pay a fee. A judge would be required to enter the defendant into deferred adjudication for these offenses if the defendant has not received a deferral for the same offense in the prior year.
HB 441
would also exempt drug offenses punishable by fine only, such as the new Class
C misdemeanor possession offense, from being used to suspend or deny the
offender’s driver’s license.
Texas Action supports HB 441 because it would advance individual liberty, personal responsibility, and limited government. The removal of arrests and jail time for low-level drug offenses would limit government abuse and prevent unnecessary interactions between citizens and law enforcement. HB 441’s limitation on the suspension of driver’s licenses would also protect the liberty of low-level offenders to provide for their families after being convicted.