Decriminalization
21 states and the District of Columbia have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest misdemeanor with no possibility of jail time).
Decriminalization states are Alaska (also now with legal provisions), California, Colorado (also now with legal provisions), Connecticut, Delaware (enacted in 2015), Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon, Rhode Island, Vermont and Washington (also now with legal provisions), and the District of Columbia (also now with legal provisions).
6 states — Minnesota, Missouri, Nevada, North Carolina, Ohio (and Oregon before legalization)—have it as a low-level misdemeanor, with no possibility of jail for qualifying offenses. The other states with decriminalization policy have specified small amounts of marijuana as a civil infraction, or the like.
Solutions:
- City council and County Court could decriminalize marijuana similar to New Orleans city council using cite and release
- Texas could classify marijuana as a misdemeanor with no possibility of jail similar to 10 other states (MD, DC, RI, ME, MA, CT, MN, CO, CA, OH)
- Cities and states could impose an age limit for the possession of marijuana, such as 18 or 21.
- 19 states allow citations to be issued after arrest, nine authorize prior to arrest, and 10 states allow both.
Texas Constitution
Code – Code of Criminal Procedure
Chapter – 14 Arrest without Warrant
Section – 14.06 Must Take Offender Before Magistrate
NPR – Governor Shumlin Offers Pardon To Thousands With Low Level Marijuana Convictions
Philly Magazine – Philadelphia Mayor Signs Decriminalization Bill
Philly Magazine – Governor Wolf Wants to Decriminalize Small Amounts of Marijuana in Pennsylvania
AZ Central – Phoenix prepares for legalization of recreational marijuana
Texas Observer – Will Texas Turn Green? Pot Panelists Say the State Is Ready
Texas Monthly – Could Texas Decriminalize Pot in 2015?
Delaware decriminalized marijuana this week: Here are the states that may be next
Dallas officials to consider new marijuana law enforcement
Orlando City Council adopts use of civil citations for marijuana, but with some changes
Another Michigan City Decriminalizes Marijuana
City of East Lansing Marijuana Decriminalization Proposal (May 2015)
Houston Chronicle – Texas panel votes to decriminalize small amount of pot
Harris County DA Announces New Program for Class B Marijuana Possession Arrests
Harris County DA candidates wrangle over who should take credit for the plan
Colorado Marijuana Tax Revenue Nearly Doubles in One Year
Harris County DA candidate calls for no arrest for marijuana
NCSL – State Medical Marijuana Laws
New Orleans City Council Passes Marijuana Decriminalization Ordinance
Clarkston Could Be First Georgia City To Decriminalize Marijuana
Austin City Council supports use of medical marijuana
Business Journal – Another Florida county government may decriminalize marijuana
Volusia County’s marijuana decriminalization law begins
Think Progress – Ted Cruz Will Let Coloradans Smoke Their Legal Weed In Peace
Think Progress – Irish Government To Decriminalize Heroin, Cocaine, And Marijuana
Slate – Which States Have Decriminalized Marijuana Possession?
Salon – The 9 states where marijuana will be legalized last
Huffington Post – Pittsburgh Just Voted To Decriminalize Weed
Daytona Beach leaders vote to decriminalize marijuana
Israeli Justice Minister Mulls Decriminalization of Marijuana
Placentia city council approves growing, selling medical marijuana
Bethel City Council Introduces Marijuana Regulations
Time – Illinois Is the Latest State to Decriminalize Small Amounts of Marijuana
The Daily Texan – Cite and release policy in Austin to soon be enacted in other Texas counties
Texas Observer – Dallas Cite-and-Release Policy for Weed Back From the Dead
Free Press – Mayoral candidate Chris Bell talks to FPTV about Cite and Release in Houston
Free Press – Under State Law, Local Cops Don’t Have to Jail You for Pot
Houston Free Press – Marijuana Decriminalization is Possible in Texas
KUT – In Austin, 1 in 4 Pot Busts Doesn’t Lead to Arrest
Statesman – Williamson County takes steps toward cite-and-release program
Statesman – Larger number of marijuana offenses dismissed in Texas
The Tennessean – Not whether, but when: It’s time to decriminalize marijuana
Tennessean – Nashville marijuana decriminalization effort advances in Metro Council
Alternet – How Decriminalizing Marijuana Saved Philadelphia $9 Million
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