Internet Explorer 11 is not supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

Marijuana Decriminalization Bill Passes Texas House But Faces Opposition in Senate

Lt. Gov. Dan Patrick declares marijuana bill 'dead in the Texas Senate'

marijuana-joint
(Shutterstock)
By Lauren McGaughy

A day after the Texas House made history by backing reduced penalties for pot possession, the effort was declared suddenly and unceremoniously dead.

On Tuesday, Lt. Gov. Dan Patrick announced his opposition to a bill that would lessen the repercussions for people caught with less than an ounce of marijuana. Patrick, who serves as president of the Texas Senate, said the legislation would not survive in the chamber.

House Bill 63 "is dead in the @Texas Senate. I join with those House Republicans who oppose this step toward legalization of marijuana," he tweeted.

The Texas House gave the bill its preliminary approval on Monday. On Tuesday, the House gave it final approval, voting 103 to 42 to send to bill to the Senate. But its chances of becoming law were soon called into question after a top senator told The Texas Observer he didn't think it had enough support in that chamber.

"I try not to bring issues that are going to be time-consuming if they're not going to get support," Sen. John Whitmire, D-Houston, told The Observer. "At this stage, time is value. I still don't want to do a show-and-tell. I'd like to have a hearing on something that's got some traction."

Whitmire chairs the Committee on Criminal Justice, where the bill would need to be debated and passed to reach the Senate floor. Patrick's tweet noted Whitmire was "right" about the legislation's fate.

Rep. Joe Moody, D-El Paso, has tried for multiple sessions to pass this legislation. On Monday, he said it's been 45 years since the lawmakers have eased state marijuana laws.

Under current law, getting caught with an ounce or less of marijuana is punishable by up to 180 days in jail and up to $2,000 in fines. Moody's bill would lessen this to a maximum fine of $500 and no jail time and make it easier for people to expunge their criminal records after one year. It would also prohibit police from arresting anyone caught with small amounts of pot.

In 2017, more than 60,000 people were arrested for marijuana possession, according to the Texas Department of Public Safety. They accounted for more than half the drug possession arrests in the state.

Ahead of the final House vote Tuesday, Moody addressed Patrick's comments. While Gov. Greg Abbott has not openly backed the bill, he said the governor's office "worked diligently" with him to craft it.

"This bill is backed by overwhelming majority of those in this body and by an overwhelming majority of those back home who you represent," Moody said. "Whatever you think about Colorado-style legalization -- this isn't it. It's not even a step toward it."

Moody also told his House colleagues not to forget this episode, hinting it may elicit reprisals against the Senate's priorities.

"Let's vote this across the hall so they can get to work on the House's priorities. ...And so we can see how those priorities are respected as we consider Senate bills over here over the next few weeks," Moody said. "Dan Patrick is the odd man out here and the ball is in his court."

Abbott's staff did not returned requests for comment.

Staff writer Rebekah Allen contributed to this report.


(c)2019 The Dallas Morning News

Caroline Cournoyer is GOVERNING's senior web editor.
Special Projects