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DALLAS – Dallas County and Dallas Police have announced that people caught with less than two grams of marijuana will not be arrested beginning in January as they begin an experimental program for officers to just issue tickets and a reminder to show up in court.
The County announced in October their plan to cite and release pot users. Although Dallas Police Chief David Brown initially said his officers will continue to arrest users until the legislature changes the law, he changed his mind along the way.
According to the Dallas Observer, Dallas County criminal justice director Ron Stretcher said the cite-and-release experiment was initiated by DPD about four months ago.
“The county actually did try a cite-and-release program shortly after the law was passed in 2007, he says, which covered marijuana arrests as well as a half-dozen other misdemeanors like criminal mischief and driving without a license, but it was marred by poor planning and a large percentage of defendants skipping court dates. Cops, prosecutors, and judges were “not all completely committed to the process.”
“This time, Stretcher is optimistic things will be different. The previous incarnation of the program was originated by the county, which had to convince sometimes reluctant cops to play along. This time, it’s the cops who are leading the charge. And officials are being much more meticulous about planning for implementation this time, for example drafting cite-and-release forms and running them by cops, prosecutors, and judges to be sure they pass muster.
Some hurdles remain. Without defendants being booked in and having all 10 fingerprints taken, prosecutors and the courts worry that police might have difficulty firmly establishing a person’s identity. To minimize these concerns, only pot-users with a valid state ID showing an address in Dallas County will be eligible for cite-and-release. And there’s always the danger that the defendant won’t show up for court.
Joe Ptak, who’s been advocating for the wider adoption of cite-and-release programs in the state, says the no-show problem is minimal when implemented in an intelligent way. Hays County, home of San Marcos, has 95 percent of defendants show up. The benefits, meanwhile, can be tremendous for cops and jails. In Travis County, about 5,500 offenders go through the cite-and-release program, which represents a significant savings in officers time and jail costs.
He hopes the legislature in 2015 will force state agencies (e.g. the Texas Department of Public Safety and university police departments) to adopt cite-and-release, which would establish a statewide framework for the program and allow municipalities to implement the program without going through the complicated dance they currently must do with courts and prosecutors.
CBS11-TV reported Dec. 15 that State Rep. Joe Moody has introduced a bill that would reduce penalties for marijuana possession in Texas.
“We tend to criminalize everything. What we’ve done here is created a civil sanction so it would still be technically illegal under the law but wouldn’t be punishable under a criminal sanction,” said Rep. Moody. “We need a new approach that allows us to more effectively utilize our limited criminal justice resources. This legislation is a much-needed step in the right direction.”
By J.J. Smith
The post Dallas County, Police to stop arresting people caught with marijuana appeared first on The Rockwall News.