By: The Adamo Law Firm – Marijuana & Cannabis Lawyers

In This Post

What is decriminalization?

Decriminalization of marijuana in Texas.

What does decriminalization of marijuana in Texas mean?

What the vote to decriminalize marijuana does not mean.

What is decriminalization?

Decriminalization and legalization are two different words with different meanings. Decriminalization means that a once-banned drug, while still prohibited by law, will not be prosecuted or criminalized up to a certain amount. Legalization means that a once-banned drug is made legal. In Texas counties where the decriminalization of marijuana has been placed into city law, a person will not be arrested for small amounts of marijuana possession. In other states where marijuana is legal (i.e. California, Colorado, etc.) a person will not be arrested for small or larger amounts of marijuana, including THC products such as edibles and gummies.

Five Texas Cities vote for the decriminalization of marijuana in Texas

The people have spoken. In yesterday’s (11/08/2022) election voters in Denton, San Marcos, Killeen, Elgin and Harker Heights voted yes to decriminalizing low-level possession of marijuana. And, it wasn’t close. This progressive movement followed a similar vote in Austin, Travis County last election.

What does the decriminalization of marijuana in Texas mean?

Decriminalization of marijuana in Texas ends low-level enforcement of marijuana possession, including citation and arrests for possessing less than four ounces of marijuana and related drug paraphernalia. In essence, while the Texas law still says possessing four ounces of marijuana is a Class A misdemeanor, the new city ordinance trumps enforcement of that law because jurisdictions are able to create ordinances if they are not explicitly forbidden by Texas or federal law. In Texas, there is no such law explicitly stating cities can’t do the very thing cities are doing (i.e. banning the enforcement of low-level marijuana). If you are caught with low-level amounts of marijuana you will now be released and free to go. The proposition also bans the use of city funds and staff to test substances for THC.

What the marijuana vote does not mean?

Possessing marijuana is still a crime in Texas and will be enforced, even in the latest cities to decriminalize marijuana, if the amount is over four ounces. In addition, edibles, gummies, etc. are still considered a controlled substance under the Texas Controlled Substance Act and prosecuted as a felony.

Conclusion

The hope is the decriminalization of marijuana in Texas will continue to expand and assist in keeping people out of jail while saving public resources for more important public safety needs. Last month, President Joe Biden issued pardons for all federal marijuana possession cases and called on states to do the same. Texas has yet to follow the president’s lead. Will Texas ever legalize marijuana? Under Abbott, unlikely, but with the help of voters, Texas is making slow progress and voters in larger cities like Houston, San Antonio, and Dallas can expect similar propositions in the near future.