Last year Rick Perry said that Texas crime levels in the state were at their lowest since the late sixties because of bi-partisan efforts to treat alcoholism and drug addictions as diseases rather than further criminalizing addicts.
“Over the years, I came to see our approach to nonviolent drug offenders as flawed,” Perry said in a Jan. 15, 2015 speech. “And because of the leadership of Democrats and Republicans, we started to take a new approach.”
Lawmakers created local drug courts and built a range of diversion programs to treat alcoholism and drug addiction as a disease and not “a moral failing.”
But although there has been a move towards rehabilitation of offenders, that said, the state’s drug laws for simple possession and trafficking are still harsh
For the most common marijuana possession offense of under 2oz the state still has on the statutes a maximum penalty of 180 days in jail and those accused of being in possession of more than 2oz, of marijuana penalties can range from 180 days in jail up to 20 years in prison with fines of up to $10,000.00.
An illegal possession of more than 2,000 pounds of Marijuana can still result in a life sentence.
PENALTY GROUPS
Penalty Group 1 listed drugs cocaine, heroin and methamphetamine carry much stronger penalties . A minimum penalty could be two years in jail and $10,000.00 fine but can run up to a maximum of life imprisonment for possession of 400 grams or more.
LSD is held under Penalty Group 1A,and can result a penalty of two years to life imprisonment with fines imposed of up to $250,000.00.
Penalty Group 2 under Texas drug laws includes ecstasy, mescaline, and PCP. Ecstasy or MDMA is regularly charged in Texas courts.
Hashish and forms of cannabis with resinous or extracted THC are also in this felony category.
These drugs carry two-year jail sentences for less than one gram, and maximum sentences of life imprisonment and fines up to $50,000 for 400 grams or more.
Penalty Groups 3 and 4 include common prescription drugs (valium, ritalin etc) , and could result in minimums of one year in jail and fines of about $4000 and maximum sentences are given for amounts over 200 grams with up to 20 years in prison and $10,000 in fines
So although marijuana reform activists in Texas say they’re focused on changing state policy in the upcoming legislative session, which starts in January 2017 where lobbyists are hoping to both decriminalize medical marijuana as well as reducing penalties on recreational use it is worth noting that current penalties are still in place and enforced strictly by police departments statewide.
Texas still has to deal with Mexican drug cartels on its southern border and will be wary in relaxing its legislation too much with regard to drugs and drug offenses.
