Texas Attorney General Still Prioritizing Marijuana Possession

 Posted on June 20, 2024 in Drug Charges

The Austin Freedom Act, which residents overwhelmingly voted for, aimed to deprioritize low-level marijuana-related offenses. This gave many Texans hope that other municipalities would follow suit and stop arresting otherwise innocent people for using marijuana. However, the Texas Attorney General’s office promptly filed a lawsuit, hoping to block the new law from going into effect. The case was quickly dismissed by a Travis County judge. Although Collin County does not yet have a similar law, it is possible to adopt one in the future. If you have been charged with marijuana possession, a Frisco, TX drug crimes attorney can help you.

What Does This Lawsuit Being Dismissed Mean for Collin County? 

First, there is a strong chance that Attorney General Ken Paxton will file an appeal and seek a higher court’s help in fighting back against the Austin Freedom Act. If there is no appeal, or if Paxton’s office loses its case, this could open the door for other cities and counties in Texas to pass similar laws deprioritizing marijuana possession for personal use.

Nationally, 38 states have legalized medical marijuana, and 24 have legalized recreational marijuana use. Texas currently has a very limited medical marijuana program that allows certified patients to use very low-THC cannabis products.

What Does “Deprioritization” Mean? 

Deprioritization and legalization are not quite the same. Deprioritization means that people will no longer be arrested or cited for possessing small amounts of marijuana alone. However, people could still be arrested for marijuana possession if the possession is linked to a greater felony case or if the arrestee is under investigation for committing a violent felony. So, for example, if police suspect a person of trafficking large amounts of marijuana and catch that individual with a smaller amount, he could be arrested.

How Deprioritizing Minor Marijuana Arrests Affects Other Cases

Police spend a substantial amount of time dealing with cannabis use crimes. The more time police spend arresting people whose only offense is using marijuana, the less time they have to investigate more serious cases. When police are instructed to disregard marijuana possession, they may start putting more time, effort, and manpower into enforcing other laws. For example, municipalities that deprioritize marijuana arrests might start seeing more arrests for DWI or domestic violence. We will not know until more municipalities pass laws similar to the Austin Freedom Act.

Contact a Frisco, TX Marijuana Crimes Lawyer 

Law Offices of Biederman & Burleson P.L.L.C. is experienced in helping people who have been charged with minor marijuana-related offenses. Our skilled Collin County, TX drug crimes attorneys have been recognized at the national level for our criminal defense work. Contact us at 469-333-3333 for a complimentary consultation.