BILL SEEKS TICKETS FOR POT

Some Lawmakers Think Jail Terms Not Needed for Smaller Amounts

AUSTIN - People caught with an ounce or less of marijuana would be ticketed
but would not face jail time under a bill that a Houston lawmaker said
Tuesday makes sense and still sends the message that officials don't want
Texans smoking dope.

The bill by Democratic Rep. Harold Dutton would make possession of an ounce
or less of marijuana a Class C misdemeanor, punishable by a maximum $500 fine.

That's the equivalent of a traffic ticket.

Right now, possession of 2 ounces or less of marijuana is a Class B
misdemeanor, which could mean a jail sentence of up to 180 days and a
$2,000 fine.

Mr. Dutton said Texas has been tough on crime, and now it's time to be
smart. The current punishment is "clogging up our criminal justice system,"
he said.

Mr. Dutton said he failed to get the Legislature to approve the idea last year.

"A person who has two seeds gets the same penalty as a person who has 2
ounces, and that to me seems eminently unfair, and I think that overburdens
the system with nonsense," he said. "If we just change the punishment range
for these minor quantities, we'd be better off."

Because the legislation still punishes a person caught with even a small
amount of pot, "it does send the message that we don't want people out
smoking marijuana," Mr. Dutton said.

The Combined Law Enforcement Associations of Texas has not seen the bill or
taken an official position on it, said CLEAT political and legislative
director Charley Wilkison.