Texas Senate Bill SB170

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to a civil action to collect a civil penalty for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia.

Impact

The amendments proposed in SB170 will amend portions of the Health and Safety Code, transforming what was traditionally a criminal offense into a civil one for small amounts of marijuana possession. This change is intended to lessen the load on the criminal justice system and prevent the negative impacts of criminal convictions on individuals, particularly those from marginalized communities. Additionally, a provision is included requiring courts to assess whether individuals are indigent before imposing penalties, which could facilitate broader access to justice.

Summary

SB170 seeks to modify the legal framework surrounding the possession of small amounts of marijuana in Texas. Specifically, it introduces a civil penalty for individuals found in possession of one ounce or less of marijuana, capping the penalty at $250. This move is significant because it aims to reduce the criminal repercussions associated with minor marijuana offenses. Under the new law, individuals cited for this violation will not face arrest; instead, they will receive a citation that requires them to appear in court without the burden of criminal charges on their record.

Contention

As with many reforms related to drug legislation, SB170 has sparked debate among legislators and stakeholders. Supporters argue that the bill is a step towards more rational drug laws, reflecting changing public attitudes towards marijuana. Opponents, however, may express concerns that it undermines existing laws meant to control drug use and could potentially lead to increased availability and consumption among minors. Additionally, the law enforcement community might have mixed feelings about the repeal of arrest powers for such violations, raising questions about the practical implications of enforcing this civil penalty framework.