El Paso state rep. files bill to decriminalize small amounts of marijuana

The Texas Legislative Session gets underway Monday at the state capitol, where hundreds of bills are filed by lawmakers from across the state.

One bill filed by State Representative Joe Moody (D-78), of El Paso, is proposing to decriminalize small amounts of marijuana.

House Bill 63, authored by Moody, proposes a civil penalty for less than an ounce of marijuana possession instead of arrests, convictions or a criminal record.

“When I say decriminalize, I mean that there will be a civil sanction. So no criminal record, no arrest, no jail time. Still would be illegal, but we’re not just going to use tax payer resources on it, we’re not going to saddle young people with a criminal record that’s going to take them out of the workforce,” Moody said.

Recreational and most medical uses of marijuana are not allowed in the state. The only current exception is a low THC cannabis for certain epilepsy patients under the Texas Compassionate Use Program.

Senate Bill 90 proposed to allow more medical conditions to qualify for that program.

Moody has filed H.B. 63 the last two legislative sessions and was set to be debated on the House floor during the last session, but came up on a deadline.

“Each of the last two sessions it has been supported in a bipartisan way,” Moody said.

Last year, the Republican Party of Texas made a change to its stance on small amounts of marijuana use, supporting making it a civil rather than criminal offense to possess less than an ounce of marijuana.

Moody said because of the support it has received, he is confident that H.B. 63 could become a law.

ABC-7 talked to the Drug Enforcement Administration about the bill filed by Moody.

Special Agent-in-Charge Kyle Williamson does not agree with the H.B. 63.

Williamson said the bill is one step closer to legalizing marijuana and that could be a dangerous move for any community.

“It’s impact in the community would be comparable to what you see in other states that have legalized marijuana where you have an increase in violent crimes and property crimes,” Williamson said.

The DEA remains opposed to any of decriminalization or legalization of marijuana and will continue to enforce federal laws in the state of Texas.

Williamson said the DEA has decades of research that shows marijuana has not medical use and continues to be a “highly addictive drug.”

“If you take a step toward legalizing marijuana, you’re increasing the availability, the accessibility and acceptability of the drug for juveniles,” Williamson said.