Tickets for Marijuana is a Damn Practical Solution

Dallas Police Hat with Marijuana Leaf instead of badge

Dallas Police chief David Brown is promoting a possible new policy for Dallas Police when it comes to marijuana. Under Chief Brown’s plan, people who are found with a small amount of pot would receive a citation from police and released rather than arrested.

Marijuana Possession is not a “ticket,” meaning Class C crime.

Under current Texas law, possession of marijuana is a criminal offense ranging from a Class B misdemeanor to a felony and those found with the drug are subject to arrest. Chief Brown believes that it would be more beneficial for the city of Dallas to stop placing pot offenders under arrest. According to Brown, the arrest of people for small amounts of marijuana ties up officers and uses too many resources that could otherwise be used to address violent and serious crime.

Seventeen states and the District of Columbia currently decriminalize marijuana possession, but Chief Brown says that the potential Dallas policy would not be actual decriminalization rather offenders would still face a penalty and conviction just not an arrest. According to statistics presented to the Dallas City Council, between 100 and 120 people are arrested each month by Dallas PD. If officers were not required to arrest people with small amounts of pot, the officers would be free to remain on the street and respond to more serious crime. The Texas Legislature permits cite and release for possession of marijuana, but the program is not popular in Texas. Travis County and Austin are among a very small number of participating jurisdictions.

Some opponents of the proposal view it as being soft on crime, but the penalty and consequences for possession would remain the same. A person cited for pot possession would still be required to appear in court and face a possible criminal conviction. The degree of offense and the range of punishment would remain the same, but the accused would not be arrested on the spot, their cars not towed, and they would not be faced with making a bond or bail.

On December 8, 2015, Brown presented the plan to the public safety committee of the Dallas City Council. The committee did not reach a decision on the proposed program, but rather determined that the pilot program should be debated by the entire city council. If the plan is adopted, Dallas officers can cite and release offenders for several small, nonviolent crimes such as theft and criminal mischief. The person accused under the cite and release program would be required to provide a valid ID, thumbprint and signature, and checked for any criminal convictions for enhancements.

Read the Dallas Morning News Story.

If you get arrested call a defense lawyer for possession of marijuana charges.