Tickets for Marijuana (and Other Offenses)
by Cynthia Hampton
As you all may know, the legislature in 2007 passed an amendment that allows police officers the discretion to cite and issue a summons for certain Class A and B misdemeanors instead of arresting suspects and book­ing them into jail, including possession of small amounts of marijuana. The person shows up to a magistrate, just like when booked into jail, and must be released on a PR bond unless good cause is shown. However, do you know where that amendment is codified? I didn’t until a member called and asked me where it was. After searching awhile and being unable to find it, I finally gave up in frustration and called our Legislative Chair, who informed me of its location. Subsections (c) and (d) were added to Tex.Code Crim.Proc, Art. 14.06, the “Arrest with a Warrant” statute, which states:
	(c)	
If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.
	(d)	
Subsection (c) applies only to a person charged with committing an offense under:
		(1)	
Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
		(2)	Section 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;
		(3)	Section 28.08, Penal Code, if the offense is punishable under Subsection (b)(1) of that section;
		(4)	
Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;
		(5)	Section 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;
		(6)	Section 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or
		(7)	Section 521.457, Transportation Code.
Notice how the statute says NOTHING about marijuana, or any of the other offenses it references, but only lists their code sections. Therefore, if you wanted to find the provision by looking for “marijuana,” you would not find it here. You must look up the individual provisions, and you will find the following offenses are eligible for a summons, as opposed to arrest:
	• possession of marijuana (4 oz. or less)
	• criminal mischief (under $500 damage)
	• graffiti (under $500 damage)
	• theft (under $500 loss)
	• theft of service (under $500)
	• possession of contraband in a correctional facility (Class B offenses)
	• driving while license invalid
I know we published a legislative update, but if you’re like me, you have difficulty remembering anything that far back. I would never have found this provision by doing a “normal” Lexis or Westlaw search or even looking in a code book. Thanks to Shannon Geishler for bringing this to my attention, and Keith Hampton for providing the citation to the elusive statute.