Pubdate: Fri, 22 Aug 2014
Source: Houston Chronicle (TX)
Copyright: 2014 Houston Chronicle Publishing Company Division, Hearst Newspaper
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198

CITE, RELEASE AND MORE

The Ability to Cite Small-Time Marijuana Offenders Results in a
Patchwork System.

While you may not find Texas listed alongside marijuana-friendly
states like Colorado and Washington, we actually decriminalized
possession of small amounts of marijuana back in 2007 - sort of. State
law allows peace officers to issue a citation for certain misdemeanor
crimes, such as graffiti, criminal mischief, theft and, yes,
possession of marijuana. Instead of every Willie Nelson fan caught
with a joint having to spend a night in the slammer before meeting
with a judge, smokers could have a set appointment in court the next
week. This system saves space in crowded jails and saves otherwise
harmless citizens an unnecessary trip. It also saves police officers'
time that could be spent keeping Houston safe.

Democratic candidate for District Attorney Kim Ogg has embraced this
policy in something she calls "No jail, no bail, no permanent record,
if you earn it." Republican incumbent Devon Anderson's competing
marijuana policy plan, which is scheduled to begin this fall, would
still require every suspect to be hauled to a police substation.

We encourage Anderson to take the next step to a full "Cite and
Summons," but Texas shouldn't have to settle for a patchwork policy
that leaves too much discretion in the hands of local law enforcement.
We need a statewide change in marijuana laws.

Our nation's drug war has been used to justify an expensive and
violent expansion of police powers, and all too often the burden of
this war falls on black communities. While white kids are more likely
to smoke pot than black kids, according to a study from the American
Civil Liberties Union, the latter are 3.73 times more likely to be
arrested for it. This disparity exists across the nation, but rural
counties are among the worst cases. In Chambers County, east of
Houston, more than 3.5 percent of the entire black population was
arrested for marijuana possession in 2010 - the second-highest black
arrest rate for marijuana in the nation. That same year, less than
one-half percent of the white population was arrested.

In Cooke County, north of Dallas, 2.9 percent of the entire black
population was arrested for marijuana possession in 2010. In Van Zandt
County, east of Dallas, it was 2.8 percent. Whether it is intentional,
Texas' war on drugs is specifically targeting black people at a rate
far above whites, despite similar drug use. Shuttling nearly three out
of every 100 people through our courts and prisons undermines
community strength and weakens faith in our public institutions.
Simply taking the barbs out of criminal justice in large counties
won't address these worst cases of racially unbalanced results. If we
can't enforce our laws equally, then the question remains as to
whether we should be enforcing them at all.

Even with citation and summons, the accused still face the full
spectrum of possible punishment under a misdemeanor, including jail
time. These punishments can do more harm than the crime itself. It is
time for Texas to embrace a full decriminalization - which treats
possession like a speeding ticket - or even strictly regulated
legalization.

Marijuana isn't healthy, and scientists have reason to believe that it
could be particularly damaging to teenagers' still-developing brains,
but it is hard to imagine a greater threat to a successful life than
our oft-unforgiving criminal justice system.  
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