Representative Erin Zwiener’s Cannabis Decriminalization Bill Passes Texas House 

by: Rep. Zwiener, Erin

Driftwood, TX — On Wednesday, Representative Zwiener’s (Driftwood) House Bill 441 passed the Texas House of Representatives.

“This piece of legislation is a step forward in reforming our criminal justice system,” Rep. Zwiener said. “Instead of overly harsh consequences, I want Texans to be able to move forward from a small mistake without barriers such as difficulty in getting financial aid or finding a job. The overcriminalization of cannabis possession also creates an unnecessary financial burden on taxpayers by exacerbating overpopulation in our jails and directing law enforcement away from violent offenses.”

More than 70,000 people are arrested for low-level cannabis possession each year, accounting for the majority of all drug arrests in Texas. These individuals are booked into jail, and those who cannot make bail may stay there until their case is resolved. Furthermore, because the sentence for a Class B misdemeanor includes possible jail time, counties must hire lawyers to represent defendants who are indigent. This costs Texas cities and counties hundreds of thousands of dollars every year that could instead be directed towards more serious offenses.

House Bill 441 would lower the penalty for possession of one ounce or less of cannabis to a Class C misdemeanor punishable by a fine of up to $500 with no possible jail time and no license suspension. Under current law, possession of two ounces or less of cannabis is a Class B misdemeanor and punishable by up to 180 days imprisonment, a fine of up to $2,000, and up to 180-day license suspension. Law enforcement would issue a citation, similar to a traffic ticket. This legislation would also establish a deferred dispensation and expungement process for an individual’s first offense within a 12-month period, so that a small mistake doesn’t become a permanent record.

Contact: Taylor Bounds

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