Proposed Changes to TX Marijuana Law in 2023: HB 218

Texas representative Joe Moody has proposed a change in state law that would reduce the criminal penalty for small amounts of marijuana. Texas “HB 218,” will be considered by the Criminal Jurisprudence Committee in the Texas House of Representatives this week.

This proposed new law would reduce the penalty for possession of up to one ounce (28 grams) of marijuana to a Class C misdemeanor, with no jail time and a fine of no more than $500. Currently a usable quantity of marijuana, up to 2 ounces (56 grams) is a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.

The new law would also codify a “cite-and-release” system, whereby possession of up to two ounces would not result in custodial arrest if that was the only violation of the law. You can be arrested for any amount of marijuana currently, in most jurisdictions (State law permits it, but some jurisdictions have policies whereby people are not arrested and/or charges are not accepted less than a certain amount). The new law would also sets up an expungement process for possession of up to two ounces with a small fee of $30 (under certain conditions).


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Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

(Possession of a Controlled Substance in Penalty Group 2, PCS PG2)