Hb 758 in texas decriminalized up to an ounce of marijuana
- Thread starter kieahtoka
- Start date
th3bigbad
Well-Known Member
c'mon yall get it in gear and let these ppl know what we aready know. you can spend 15 mins on the phone with these ppl or order a pizza. do the right thing and diet. lol
"This year could very well be the year that lawmakers in Texas take a more sensible approach to marijuana policy. Two bills have already been introduced this legislative session that would move Texas in the right direction.
Rep. Elliott Naishtat (D-49) recently introduced H.B. 1534, a bill that would afford medical marijuana patients a good level of protection. H.B. 1534 would establish an "affirmative defense" law for patients. A patient could still be arrested or cited for possession of marijuana, but would be acquitted in court with a written or oral statement from a physician.
Please click here to send a message to your legislators in support of H.B. 1534.
Texas is in the midst of a prison crisis, and H.B. 1534 would ensure that seriously ill medical marijuana patients aren't needless additions to the state's already full corrections system. An affirmative defense protects patients from jail, although not from arrest. This would be very similar to the medical marijuana law currently in place in Maryland.
The other good bill is H.B. 758, sponsored by Rep. Harold Dutton (D-142). H.B. 758 would reduce the penalty for possession of up to one ounce of marijuana. Currently, possession of up to two ounces is a Class B misdemeanor, punishable by up to $2,000 in fines and 180 days in jail. While possession of between one and two ounces would remain a Class B misdemeanor, H.B. 758 proposes that less than one ounce become a Class C misdemeanor, which is punishable only by a fine up to $500.
H.B. 758 would be a step in the right direction for Texas. The bill currently sits in the House Criminal Jurisprudence committee. Please take a moment to call the committee members and urge them to hold a hearing on H.B. 758:
Rep. Aaron Pena — committee chair — (512) 463-0426 or (956) 383-7444 Rep. Allen Vaught — vice-chair — (512) 463-0244 Rep. Debbie Riddle — budget & oversight chair — (512) 463-0572 or (281) 537-5252 Rep. Juan M. Escobar — (512) 463-0666 or (361) 592-6120 Rep. Terri Hodge — (512) 463-0586 or (214) 824-1996 Rep. Barbara Mallory Caraway — (512) 463-0664 Rep. Paul Moreno — (512) 463-0638 or (915) 544-0789 Rep. Paula Pierson — (512) 463-0562 Rep. Robert Talton — (512) 463-0460 or (281) 487-8818
Your voice could ensure that H.B. 758 receives a hearing this year, so please take a moment to call."
"This year could very well be the year that lawmakers in Texas take a more sensible approach to marijuana policy. Two bills have already been introduced this legislative session that would move Texas in the right direction.
Rep. Elliott Naishtat (D-49) recently introduced H.B. 1534, a bill that would afford medical marijuana patients a good level of protection. H.B. 1534 would establish an "affirmative defense" law for patients. A patient could still be arrested or cited for possession of marijuana, but would be acquitted in court with a written or oral statement from a physician.
Please click here to send a message to your legislators in support of H.B. 1534.
Texas is in the midst of a prison crisis, and H.B. 1534 would ensure that seriously ill medical marijuana patients aren't needless additions to the state's already full corrections system. An affirmative defense protects patients from jail, although not from arrest. This would be very similar to the medical marijuana law currently in place in Maryland.
The other good bill is H.B. 758, sponsored by Rep. Harold Dutton (D-142). H.B. 758 would reduce the penalty for possession of up to one ounce of marijuana. Currently, possession of up to two ounces is a Class B misdemeanor, punishable by up to $2,000 in fines and 180 days in jail. While possession of between one and two ounces would remain a Class B misdemeanor, H.B. 758 proposes that less than one ounce become a Class C misdemeanor, which is punishable only by a fine up to $500.
H.B. 758 would be a step in the right direction for Texas. The bill currently sits in the House Criminal Jurisprudence committee. Please take a moment to call the committee members and urge them to hold a hearing on H.B. 758:
Rep. Aaron Pena — committee chair — (512) 463-0426 or (956) 383-7444 Rep. Allen Vaught — vice-chair — (512) 463-0244 Rep. Debbie Riddle — budget & oversight chair — (512) 463-0572 or (281) 537-5252 Rep. Juan M. Escobar — (512) 463-0666 or (361) 592-6120 Rep. Terri Hodge — (512) 463-0586 or (214) 824-1996 Rep. Barbara Mallory Caraway — (512) 463-0664 Rep. Paul Moreno — (512) 463-0638 or (915) 544-0789 Rep. Paula Pierson — (512) 463-0562 Rep. Robert Talton — (512) 463-0460 or (281) 487-8818
Your voice could ensure that H.B. 758 receives a hearing this year, so please take a moment to call."
Widow Maker
Well-Known Member
Sweet!
NLAOWP
NLAOWP
medicineman
New Member
Just think, With our open Border policy and legal MJ in texas, the price of weed should tumble. Geeze thats going to put me out of business,~LOL~
th3bigbad
Well-Known Member
haveing alil bit of trouble finding it myself but i did run across this while looking.
this is bill on 758
"A BILL TO BE ENTITLEDAN ACTrelating to the penalties for possession of two ounces or less of marihuana and to the issuance of an occupational driver's license. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.121, Health and Safety Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) An offense under Subsection (a) is: (1) a Class C misdemeanor if the amount of marihuana possessed is one ounce or less, except as provided by Subsection (c); (2) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less but more than one ounce; (3) [(2)] a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (4) [(3)] a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (5) [(4)] a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (6) [(5)] a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (7) [(6)] punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds. (c)An offense under Subsection (b)(1) is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has been before convicted under that section three times and each prior offense was committed in the 24 months preceding the date of commission of the instant offense. (d)A defendant convicted of an offense punishable under Subsection (c) is not eligible for community supervision under Article 42.12, Code of Criminal Procedure. SECTION 2. Article 45.051, Code of Criminal Procedure, is amended by adding Subsection (g) to read as follows: (g)This subsection applies only to a defendant charged with an offense under Section 481.121, Health and Safety Code, who is granted a deferral under Subsection (a) of this article. In addition to any other requirement, the judge shall, during the deferral period, require that the defendant successfully complete a drug abuse awareness and education program approved by the Department of State Health Services. SECTION 3. Sections 521.242(a), (b), and (e), Transportation Code, are amended to read as follows: (a) A person whose license has been suspended for a cause other than a physical or mental disability or impairment or a conviction under Section 49.04, Penal Code, may apply for an occupational license by filing a verified petition with the clerk of a justice, municipal, [the] county, [court] or district court with jurisdiction that includes [in] the precinct or municipality [county] in which: (1) the person resides; or (2) the offense occurred for which the license was suspended. (b) A person may apply for an occupational license by filing a verified petition only with the clerk of the [county court or district] court in which the person was convicted if: (1) the person's license has been automatically suspended or canceled under this chapter for a conviction of an offense under the laws of this state; and (2) the person has not been issued, in the 10 years preceding the date of the filing of the petition, more than one occupational license after a conviction under the laws of this state. (e) The clerk of the court shall file the petition as in any other [civil] matter. SECTION 4. (a) The change in law made by Sections 1 and 2 of this Act applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2007, if any element of the offense was committed before that date. (b) The change in law made by Section 3 of this Act applies only to an occupational driver's license that is applied for on or after September 1, 2007. An occupational driver's license applied for before September 1, 2007, is covered by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2007."
and this is on bill 1534
"
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution under Subsection (a) for the possession of marihuana that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition.
(d) An agency, including a law enforcement agency, of this state or a political subdivision of this state may not initiate an administrative, civil, or criminal investigation into a physician licensed to practice medicine in this state on the ground that the physician discussed marihuana as a treatment option with a patient of the physician or made a written or oral statement that, in the physician's opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is amended by adding Section 164.0525 to read as follows:
:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may not be denied any right or privilege or be subject to any disciplinary action solely for making a written or oral statement that, in the physician's professional opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2007."
this is bill on 758
"A BILL TO BE ENTITLEDAN ACTrelating to the penalties for possession of two ounces or less of marihuana and to the issuance of an occupational driver's license. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 481.121, Health and Safety Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) An offense under Subsection (a) is: (1) a Class C misdemeanor if the amount of marihuana possessed is one ounce or less, except as provided by Subsection (c); (2) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less but more than one ounce; (3) [(2)] a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (4) [(3)] a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (5) [(4)] a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (6) [(5)] a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (7) [(6)] punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds. (c)An offense under Subsection (b)(1) is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has been before convicted under that section three times and each prior offense was committed in the 24 months preceding the date of commission of the instant offense. (d)A defendant convicted of an offense punishable under Subsection (c) is not eligible for community supervision under Article 42.12, Code of Criminal Procedure. SECTION 2. Article 45.051, Code of Criminal Procedure, is amended by adding Subsection (g) to read as follows: (g)This subsection applies only to a defendant charged with an offense under Section 481.121, Health and Safety Code, who is granted a deferral under Subsection (a) of this article. In addition to any other requirement, the judge shall, during the deferral period, require that the defendant successfully complete a drug abuse awareness and education program approved by the Department of State Health Services. SECTION 3. Sections 521.242(a), (b), and (e), Transportation Code, are amended to read as follows: (a) A person whose license has been suspended for a cause other than a physical or mental disability or impairment or a conviction under Section 49.04, Penal Code, may apply for an occupational license by filing a verified petition with the clerk of a justice, municipal, [the] county, [court] or district court with jurisdiction that includes [in] the precinct or municipality [county] in which: (1) the person resides; or (2) the offense occurred for which the license was suspended. (b) A person may apply for an occupational license by filing a verified petition only with the clerk of the [county court or district] court in which the person was convicted if: (1) the person's license has been automatically suspended or canceled under this chapter for a conviction of an offense under the laws of this state; and (2) the person has not been issued, in the 10 years preceding the date of the filing of the petition, more than one occupational license after a conviction under the laws of this state. (e) The clerk of the court shall file the petition as in any other [civil] matter. SECTION 4. (a) The change in law made by Sections 1 and 2 of this Act applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2007, if any element of the offense was committed before that date. (b) The change in law made by Section 3 of this Act applies only to an occupational driver's license that is applied for on or after September 1, 2007. An occupational driver's license applied for before September 1, 2007, is covered by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2007."
and this is on bill 1534
"
A BILL TO BE ENTITLED
AN ACT
relating to the medical use of marihuana.AN ACT
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.121, Health and Safety Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) It is an affirmative defense to prosecution under Subsection (a) for the possession of marihuana that the person possessed the marihuana as a patient of a physician licensed to practice medicine in this state pursuant to the recommendation of that physician for the amelioration of the symptoms or effects of a bona fide medical condition.
(d) An agency, including a law enforcement agency, of this state or a political subdivision of this state may not initiate an administrative, civil, or criminal investigation into a physician licensed to practice medicine in this state on the ground that the physician discussed marihuana as a treatment option with a patient of the physician or made a written or oral statement that, in the physician's opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is amended by adding Section 164.0525 to read as follows:
:
Sec. 164.0525. MEDICAL USE OF MARIHUANA. A physician may not be denied any right or privilege or be subject to any disciplinary action solely for making a written or oral statement that, in the physician's professional opinion, the potential benefits of marihuana would likely outweigh the health risks for a particular patient.
SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2007."
abudsmoker
Well-Known Member
nothing as of yet. i am close to the capitol and will post the results when the 80th is over
th3bigbad
Well-Known Member
this link has alota good info on the exact laws on pot in different states, and what bills are in the works too.
MPP: Texas - Home
MPP: Texas - Home
midgradeindasouth
Well-Known Member
How would this affect the economy?
Less cops per less need. The cops will not be able to clock those possesion man hours and the guards will be affected also. (and every thing that a possesion conviction would generate .ie court fees, fines, cost of conviction inmate living)
These cops are going to need jobs.
I say we make them border patrol. I think we need a stricter border control immediately.
I would set it up like guard posts every 75yrds all the way around the country.
Less cops per less need. The cops will not be able to clock those possesion man hours and the guards will be affected also. (and every thing that a possesion conviction would generate .ie court fees, fines, cost of conviction inmate living)
These cops are going to need jobs.
I say we make them border patrol. I think we need a stricter border control immediately.
I would set it up like guard posts every 75yrds all the way around the country.
stickyicky77
Well-Known Member
I have been following this bill very closely. Here is where you can find out the status of the bill http://www.legis.state.tx.us/BillLookup/History.aspx/?LegSess=81R&Bill=HB902. As of 4/08/2009 it was left pending in committee.