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Monday, December 31, 2007
Ticketing for marijuana possession not acceptable for Dallas
Meanwhile, Austin's Travis County is moving ahead with provisions of the new law.
According to Dallas County first assistant district attorney Terri Moore, it's simply not feasible for local law enforcement to issue citations for misdemeanor marijuana possession, an option that exists as of Sept. 1 of 2007, when a new state law went into effect. So folks found in North Texas with even small amounts of pot will continue to be hauled off the the hoosegow, even though the legislature passed the law with an eye toward easing jail overcrowding.
By contrast, happy tokers in the Austin area - if caught by Travis County Sheriff's personnel holding small amounts of weed - are already being issued tickets for the offense.
While the explanation given on the part of Dallas, Tarrant and Collin County prosecutorial entities has mostly to do with system inadequacies (i.e., there's no provision in place for processing misdemeanor citations - it says here), there's also a feeling that the perception would be that law enforcement agencies were getting soft on crimes of the non-violent drug possession variety.
Thus in the case of North Texas jails, that overcrowding issue will not be alleviated by the new law. Unless and until perceptions change.
posted by JM
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EdWeirdness, anonymous:
So if someone gets popped for holding a small amount, jailed, and then injured or murdered while incarcerated, Dallas is off the hook? I'll bet you there are lawyers actively looking for such cases as we speak.
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Chris Kidd, verified:
Excuses Excuses from our heavy-handed friends in Dallas/Tarrant/Collin Co. justice. Another reason I maybe moving to Austin sooner than later.
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mars, anonymous:
I'm moving to Austin!
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