Home»Op-Eds»Texas marijuana consumers will still be criminals after decriminalization, legalization

Texas marijuana consumers will still be criminals after decriminalization, legalization

Many people in Texas who consume marijuana will still be criminals long after the plant is both decriminalized and legalized.

At a rate of 60,000 to 75,000 arrests per year for possession in Texas alone, the number of people who already have a criminal record for possessing a plant which is safer than many other legal drugs is presumed to be staggering. Data on just how many people currently live in Texas with a criminal record for marijuana possession is hard to come by.

All of these people face extra discrimination when it comes to employment, housing rentals, and licensing. They’re also denied college financial aid. It makes these people part of a class which is extremely hard to get out of, and most will struggle their whole lives because of a possession of marijuana criminal record.

There is legislation currently being considered by the Texas legislature that would both decriminalize marijuana, and legalize it.

HB 81 would make possession of an ounce or less of marijuana a civil fine of up to $250, with no arrest, and no criminal record. However, it does not cover marijuana concentrates, which any amount of is considered a felony, even though concentrates are often considered a healthier, more effective way of consuming this plant.

Both HJR 46 and SJR 17 would legalize cannabis. These two bills are joint-resolutions, meaning a super majority of legislators must pass one of them, and then the voters of Texas would have the final say at the ballot box in 2018.

Texas Marijuana Policy Advocacy Workshops — January 2018
Texas Marijuana Policy Advocacy Workshops — January 2018

None of these three bills would roll back any of the destruction our marijuana policy has caused however. Those who have criminal records or have been arrested before the bills go into effect would still be criminals, subject to discrimination while everyone else who is doing the same thing they were, are free to live their lives without that burden.

A recurring theme when testimony is given to legislators is that people tell them “I’m not a criminal, I just consume a plant while not harming anyone else.” This same line variation was repeated during a hearing earlier this week for marijuana decriminalization in which only one person showed up to speak against the proposed bill.

Unfortunately those people are criminals, even though according to recent polling by the University of Texas/Texas Tribune about 83 percent of Texans don’t believe that many of them should be. That poll data found that Texans overwhelmingly support either reduced penalties or no penalties for possession of small amounts of marijuana. Marijuana comprises more than half of all Texas drug arrests and 97 percent of those were for possession of two ounces or less.

Criminals are often thought of as dangerous individuals who have harmed someone else either physically or financially, or have done something to deprive another person of their rights. People who merely possess marijuana do not fall under that definition, yet they are lumped in with those dangerous individuals all the same.

The Texas legislature meets every other year for 140 days, which means there’s a short amount of time to get the law right and get it passed, and a long time in between for those individuals who fell through the cracks.

Stay up to date with the latest cannabis news from a Texas perspective by following the Texas Cannabis Report social media pages.

The following two tabs change content below.

Stephen Carter

Stephen Carter is a journalist and information technology specialist living in Waco, Texas. He has been working with the cannabis movement since 2009. He founded Texas Cannabis Report in 2013 to bring Texans accurate cannabis related news.

Latest posts by Stephen Carter (see all)



Previous post

Kentucky legislature bans marijuana advocate for quoting Harry Anslinger

Next post

Women could push marijuana legalization across the finish line in Texas


  1. Melissa Rowell
    April 14, 2017 at 12:05 am

    The point is, what does it matter if people get high? If they want to smoke dope, it only effects that person, and that’s nobody’s business. And that’s for recreational purposes. There are any number of reasons people use medical marijuana. Nothing medically beneficial should ever be illegal. The ONLY reason it’s illegal is because it’s a cash transaction the government can’t tax. That’s it. It’s not dangerous. And the government wouldn’t care if it was. They’re not trying to protect people. They want our money. When they figure out how to get it, they’ll legalize marijuana. Buy they’re republicans, so it might take awhile. What you put into your body is your own business. The government shouldnt be protecting us from ourselves. We need protection from them!!

    • Danielle Hogan
      April 19, 2017 at 6:33 pm

      AMEN Melissa!! Couldn’t have said it better myself!!

  2. Danielle Hogan
    April 19, 2017 at 6:43 pm

    The sad fact of the matter is, the majority of the people who don’t want it legalized are hypocrites. Period. Because they go to business lunches where alcohol is served & they drink then get in their vehicles & drive either back to work or wherever, putting everyone they’re on the road with in danger. Whereas, someone who has smoked a little cannabis has never caused the death of an entire family from driving under the influence. The simple fact is that cannabis is not & never has been a danger to anyone. And Melissa had it right: it all comes down to the almighty dollar & how much they can make off of it. If they can’t pad their pockets, then they criminalize it. And putting harmless & otherwise law abiding citizens in jail with murderers, rapists, & child molesters is, as far as I’m concerned (more so even), a far bigger crime than indulging in a little harmless marijuana. It’s going to take, unfortunately, one of their family members getting terribly ill to make them see the light. And nothing pisses me off worse than purposeful ignorance & hypocrisy.