Pubdate: Sun, 16 Feb 2014
Source: New York Times (NY)
Copyright: 2014 The New York Times Company
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Julian Aguilar

THE NEXT COLORADO OR WASHINGTON: PROBABLY NOT HERE

EL PASO - It was not long after Gov. Rick Perry's remarks that states
should enact their own marijuana laws that social media sites began
wondering if the theory of relativity was a sham or whether Pink
Floyd's estranged founder would finally rejoin the band.

"Don't be surprised when gravity partially reverses itself so people
can fly and doctors finally find a cure for death," Law Enforcement
Against Prohibition, a group seeking change in American drug policies,
posted on Facebook in response to Mr. Perry's comments at the World
Economic Forum in Davos, Switzerland. Mr. Perry spoke on a panel on
incarceration, where he reiterated his support for Texas' drug courts,
which were created in 2001 and are an alternative to prison for
drug-related convictions.

The surprised reactions from supporters of marijuana decriminalization
or legalization underscore the fact that Texas' marijuana laws are
considered less severe than the state's tough-on-crime reputation
suggests. Despite the attention that Mr. Perry's comments drew,
criminal justice analysts do not expect Texas to decriminalize
marijuana anytime soon.

Mr. Perry's staff said the governor's remarks were consistent with his
stated positions.

"Gov. Perry is opposed to the legalization of marijuana, but as a
staunch defender of the 10th Amendment he believes states should have
the right to decide issues like this," a spokesman, Rich Parsons, said
in an email.

"The governor does support the system of drug courts in Texas that
have proven successful in diverting those who qualify away from
incarceration and into rehabilitative programs that reduce recidivism
and help people end their drug use."

Currently, possession of up to two ounces of marijuana is a Class B
misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
People deemed nonviolent offenders can qualify for drug court
diversion programs, which consist of supervision, frequent drug
testing and treatment programs.

Ethan Nadelmann, the founder and executive director of the Drug Policy
Alliance, a pro-change research group focused on criminal justice
issues, said it was unlikely that Texas legislators would change the
state's marijuana laws at their next session, in 2015.

"They are headed in the right direction, but still way behind the
curve," said Mr. Nadelmann, whose organization supports
decriminalization. He also conceded that legalization in the states of
Washington and Colorado had happened faster than expected. That, and
Texas' reputation as a trendsetter, could speed up change.

Marc Levin, the director of the conservative Texas Public Policy
Foundation Center for Effective Justice, has supported legislation
filed by State Representative Harold Dutton, Democrat of Houston, that
would make possession of up to one ounce of marijuana a Class C
misdemeanor, punishable by a fine of up to $500. The bill cleared a
House committee but was not considered by the full chamber. Still, Mr.
Levin is optimistic.

"We'll see next session whether the Legislature is ready to do that,
but I certainly think there is momentum for drug possession offenses,"
he said. It could also come down to something as simple as branding.

"I think the misunderstanding comes from the 'decriminalization' word
because, for example, if the Dutton bill passed, it's still a Class C
misdemeanor," he said. "It's still basically a criminal offense, and
if you don't pay it, then a warrant is issued."

Opponents of decriminalization or legalization argue that it would
send a message that marijuana use was safe. Though Mr. Perry is likely
to wield some influence even after he leaves office in 2015, a new era
of leadership will affect the debate. The likely candidates, Attorney
General Greg Abbott, a Republican, and State Senator Wendy Davis, a
Democrat, have emphasized their positions on different aspects of the
issue.

"Senator Davis believes that we as a state need to think of the cost
of incarceration for small amounts of marijuana," Rebecca Acuna, a
spokeswoman, said in an email. "Senator Davis personally believes
medical marijuana should be allowed but thinks Texans should be the
decision makers on the matter."

Mr. Abbott said that he supported current laws but that legalization
was not an option.

"His goal would be better enforcement and compliance without stocking
prison beds with nonviolent offenders," a spokesman for Mr. Abbott,
Matt Hirsch, said. "He believes the best methods of combating illegal
drug use include a combination of medical treatment and criminal
enforcement. Legalizing drugs would encourage drug use, which affects
every sector of society."

Mr. Levin said polling by the Texas Public Policy Foundation showed
that most Texans, including many Tea Party Republicans, favored change.

"From the original conception of the Tea Party, the main focus was on
debt and on government spending and taxes," he said. "Obviously, for
those of us that do want smaller government and less taxes, you can't
really ignore the cost of corrections."

But others contend that polling will not change an entire culture,
which they say is what is needed.

"With respect to marijuana and other drugs, we have a century of
antidrug propaganda, much of it fraudulent, and it's hard to overcome
that," said Bill Martin, a professor emeritus of religion and public
policy at Rice University. (Rice is a corporate sponsor of The Texas
Tribune.)

Speaking events like Rotary Club gatherings, Mr. Martin said, turn
into impromptu confessionals for conservative Texans.

"It's not at all uncommon after I speak for people to come and say, 'I
really agree with you, but I may be the only one here,' " he said.
Then others follow suit.

Even if a law were passed, it would not necessarily mean sweeping
change. In 2007 Texas passed a measure that allowed local governments
to adopt a cite-and-summons approach for certain misdemeanors,
including marijuana possession, instead of immediate arrest and
booking. It is not widely used, however, because of local resistance,
Mr. Levin said.

Mr. Nadelmann said other laws masked how hard Texas could be on
marijuana offenders, mainly because of probation and parole violations.

"Maybe they get caught with a joint - something that would be treated
as a slap on the wrist or a couple of days in jail," he said. "But
they're being incarcerated in state prison. Nobody says they're being
incarcerated for marijuana. Technically they are incarcerated for
whatever they are on probation for, like petty theft."
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