The House Criminal Jurisprudence Committee on Wednesday will hear testimony on bills by Rep. Harold Dutton, D-Houston, that would lower criminal penalties associated with minor possession of certain drugs.
House Bill 287 would reduce from a state jail felony (punishable by no less than six months and up to two years in a state jail facility) to a Class A misdemeanor possession of up to one gram of the drugs listed in the Texas Controlled Substances Act Penalty Group 1 — including heroin, cocaine and opium. The bill would also make possession of up to one gram of the drugs listed in Penalty Group 2 — including Ecstasy and amphetamines — to a Class A misdemeanor, punishable by up to one year in jail and/or a $4,000 fine.
Also on the calendar is Dutton’s perennial pot-law reform bill (this time around, HB 902), which would make possession of up to one ounce of pot a Class C misdemeanor — a fine only offense. Anyone popped more than three times within two years on the minor possession charge would instead be charged with a Class B misdemeanor, punishable by up to six months in jail and/or a $2,000.
This is at least the third time that Dutton has filed legislation to ease criminal penalties associated with marijuana possession. So far his drug-related bills haven’t gotten much past committee — but at least he continues to push for much needed drug-law reform.
This article appears in April 3 • 2009.