MJ Decriminalized in Counties... still a criminal offense in State Law - Cannabis Laws & Cannabis Legislation - International Cannagraphic Magazine Forums

brown_thumb · 03-09-2017, 02:35 AM

Harris County, Texas (Houston area) just decriminalized MJ for quantities less than 4 ounces, effective March 1st. It appears that Bexar County (San Antonio area) will soon pass a similar law.

However, possession of cannabis is still a criminal offense in the state of Texas.

How will the Counties protect their citizens when the State wants to prosecute?

armedoldhippy · 03-09-2017, 02:43 AM

Quote:

Originally Posted by brown_thumb

Harris County, Texas (Houston area) just decriminalized MJ for quantities less than 4 ounces, effective March 1st. It appears that Bexar County (San Antonio area) will soon pass a similar law.

However, possession of cannabis is still a criminal offense in the state of Texas.

How will the Counties protect their citizens when the State wants to prosecute?

it will probably be determined by who gets you - a county deputy sheriff or a state trooper.

brown_thumb · 03-09-2017, 02:46 AM

Quote:

Originally Posted by armedoldhippy

it will probably be determined by who gets you - a county deputy sheriff or a state trooper.

I figured it would be something like that. But what if the State insists on prosecuting anyone who is ticketed for MJ possession?

St. Phatty · 03-09-2017, 02:58 PM

Quote:

Originally Posted by brown_thumb

Harris County, Texas (Houston area) just decriminalized MJ for quantities less than 4 ounces, effective March 1st. It appears that Bexar County (San Antonio area) will soon pass a similar law.

However, possession of cannabis is still a criminal offense in the state of Texas.

How will the Counties protect their citizens when the State wants to prosecute?

In the late 80's I was arrested or something for an 1/8 of Mexican, at a national park in SF.

Judge threw it out.

So maybe a lot of these decisions depend on the local culture and the judge ?

brown_thumb · 03-09-2017, 05:07 PM

^^^ That's surely true. What I'm wondering is, will State Law override County Law and how often and why would that happen? If run by draconian buffoons it seems the State could easily render County Jurisdiction powerless and moot.

igrowone · 03-09-2017, 08:53 PM

most cases with under that amount will likely stay at the county
it's a step down in the war, has happened in many places in the country over the years
if it looks like your selling, or the DA woke up with a headache that day, then felony it will be
no guarantee, just better than it was

OldPhart · 03-09-2017, 09:08 PM

When Denver city/county passed a law making it legal, the city/county just prosecuted under the state statute that said it was not legal. They wanted their money! They actually had a separate court room setup as the 'drug' court. I got the pleasure of going through it one time on account of getting caught with a pipe. It was funny as hell, $5 fine for the offense, +$95 'drug' surcharge, +60 court cost. $160 bucks later for a "petty" offense. That was when I learned that there was actually something below misdemeanor. They didn't give a shit, they just wanted their $$$ from anyone caught with a pipe/joint/bag. I bet that court saw at least 100 people/day.... that is way too much money to shut down, just because the people wanted weed legal.

brown_thumb · 03-09-2017, 09:23 PM

Quote:

Originally Posted by OldPhart

When Denver city/county passed a law making it legal, the city/county just prosecuted under the state statute that said it was not legal. They wanted their money! They actually had a separate court room setup as the 'drug' court. I got the pleasure of going through it one time on account of getting caught with a pipe. It was funny as hell, $5 fine for the offense, +$95 'drug' surcharge, +60 court cost. $160 bucks later for a "petty" offense. That was when I learned that there was actually something below misdemeanor. They didn't give a shit, they just wanted their $$$ from anyone caught with a pipe/joint/bag. I bet that court saw at least 100 people/day.... that is way too much money to shut down, just because the people wanted weed legal.

So the County Court overrode County Law? How in hell can they do THAT???

OldPhart · 03-09-2017, 10:18 PM

By the time all this went on, it was more or less de-criminalized; they would just write you a ticket, and you had to show up at court to find out what it was going to cost you. When they filled out the ticket, they just started using the state law that you were being cited for, much like most traffic tickets cite state traffic laws. This was actually good for the 'movement' because it pissed off the people of Denver.

OP

brown_thumb · 03-09-2017, 10:36 PM

Oh, okay. It sounds like either lack of training for the law officers and/or lack of planning/prep by the bean counters. It seems it had little or no ill effect overall.

03-09-2017, 02:35 AM	#1
brown_thumb Senior Member Join Date: Jun 2016 Posts: 2,094	MJ Decriminalized in Counties... still a criminal offense in State Law Harris County, Texas (Houston area) just decriminalized MJ for quantities less than 4 ounces, effective March 1st. It appears that Bexar County (San Antonio area) will soon pass a similar law. However, possession of cannabis is still a criminal offense in the state of Texas. How will the Counties protect their citizens when the State wants to prosecute?
	Quote

03-09-2017, 08:53 PM	#6
igrowone Senior Member Join Date: Jun 2009 Location: NY Posts: 3,980	most cases with under that amount will likely stay at the county it's a step down in the war, has happened in many places in the country over the years if it looks like your selling, or the DA woke up with a headache that day, then felony it will be no guarantee, just better than it was __________________ current grow: www.icmag.com/ic/showthread.php?p=7872194
	Quote 1 members found this post helpful.

03-09-2017, 09:08 PM	#7
OldPhart Member Join Date: Feb 2017 Posts: 339	When Denver city/county passed a law making it legal, the city/county just prosecuted under the state statute that said it was not legal. They wanted their money! They actually had a separate court room setup as the 'drug' court. I got the pleasure of going through it one time on account of getting caught with a pipe. It was funny as hell, $5 fine for the offense, +$95 'drug' surcharge, +60 court cost. $160 bucks later for a "petty" offense. That was when I learned that there was actually something below misdemeanor. They didn't give a shit, they just wanted their $$$ from anyone caught with a pipe/joint/bag. I bet that court saw at least 100 people/day.... that is way too much money to shut down, just because the people wanted weed legal.
	Quote 1 members found this post helpful.

03-09-2017, 05:07 PM	#5
brown_thumb Senior Member Join Date: Jun 2016 Posts: 2,094	^^^ That's surely true. What I'm wondering is, will State Law override County Law and how often and why would that happen? If run by draconian buffoons it seems the State could easily render County Jurisdiction powerless and moot.
	Quote

03-09-2017, 10:18 PM	#9
OldPhart Member Join Date: Feb 2017 Posts: 339	By the time all this went on, it was more or less de-criminalized; they would just write you a ticket, and you had to show up at court to find out what it was going to cost you. When they filled out the ticket, they just started using the state law that you were being cited for, much like most traffic tickets cite state traffic laws. This was actually good for the 'movement' because it pissed off the people of Denver. OP
	Quote

03-09-2017, 10:36 PM	#10
brown_thumb Senior Member Join Date: Jun 2016 Posts: 2,094	Oh, okay. It sounds like either lack of training for the law officers and/or lack of planning/prep by the bean counters. It seems it had little or no ill effect overall.
	Quote