In December of 2014, House Bill 507 was filed for consideration in the 84th Legislative Session. The long title of the bill, “An Act Relating to the Civil Penalty for Possession of Certain Small Amounts of Marihuana and An Exception to Prosecution for Possession of Associated Drug Paraphernalia,” suggests its aim: to decriminalize possession of less than one ounce of marijuana, and instead make such possession punishable by a fine not to exceed $100.
With the understanding that HB 507 has about as much of a chance of passing this legislative session as I have being elected the next pope, it’s worth taking a look at 507 just for fun.
Less Than 1 Ounce Punishable By A Fine of $0-$100 Only…
Specifically, proposed Section 481.1211 provides that “a person who knowingly or intentionally possesses a usable quantity of marijuana in an amount that is less than one ounce [28.34 grams] or less is liable to the state for a civil penalty not to exceed $100.” Meaning, the proposed legislation seeks to have possession of less than 28.34 grams of a usable quantity of pot punished by a fine from $0 to $100. No jail time. No probation. None of the typical business.
…Or 10 Hours (or Less) of Community Service or a Substance Abuse Education Course
Even more, the proposed HB 507 would explicitly permit the justice court to waive or reduce the civil penalty if: (1) the person attended a substance abuse education program, or (2) performs not more than 10 hours of community service. So, the court could waive the fine altogether if the accused person performed 10 hours of community service, or completed a substance abuse education course.
Unlawful to Arrest For Possession of Less Than 1 Ounce of Pot
What’s more, the proposed HB 507 would make it unlawful for a cop to arrest a person for possession of less than one ounce of pot. Instead, the cop would write a citation requiring the person to appear in a justice court at a specific time to address the charge. No more county court. Justice court—the same court you appear in for speeding tickets.
No Conviction
HB 507 gets even better, and proposes that “the imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose.” Meaning, you pay your fine, and—unlike paying the fine on a speeding ticket—no conviction results.
Identity of Accused Is Confidential
And, in a strange twist, HB 507 would also seek to provide that “the identity of a person cited or found liable…is confidential information under [Section 552.101 of the Government Code.]” So, your employer/school/parents/et al. couldn’t look up your citation for possession of 2 grams of pot.