DPS OFFICERS BEING TOLD NOT TO MAKE LOW-LEVEL MARIJUANA ARRESTS
State DPS officials are being instructed to shy away from making arrests in low-level marijuana cases.
As of July 10th, all DPS officers have been told to issue a citation—when possible—to people with a misdemeanor amount of marijuana, less than four ounces in possession cases.
According to an interoffice memo obtained by The Texas Tribune, personnel are still expected to enforce marijuana-related offenses. However, they are instructed to “cite and release for any misdemeanor amount of marijuana”. In these cases, a citation is only allowable when the suspect lives in the county where the offense occurred.
The citation requires a person to appear in court and face their criminal charges. Those cited for misdemeanor offenses still face the same penalties if they are convicted: up to a year in jail and fines of up to $4,000.
This comes after the state’s passage of House Bill 1325 in June, which legalized possession of hemp with a THC concentration of no more than 0.3 percent on a dry weight basis.
The new law has caused some prosecutors to drop marijuana cases, claiming they need new lab reports and equipment to tell between marijuana and hemp. DPS says, even in those jurisdictions, it will continue to enforce the law through available statutory means.