Bexar County Sheriff Javier Salazar and District Attorney Nico LaHood today will unveil details of their long-planned new policy toward people who are arrested in possession of small amounts of marijuana, called 'Cite and Release,' News Radio 1200 WOAI reports.
The program is based on one that has been in place for several months in Houston, where Harris County Sheriff's spokesman Jason Spencer says it is far from 'decriminalization' of marijuana, but it recognizes that having a drug arrest and conviction on a person's record for minor marijuana possession is not in the best interests of law enforcement, or in the future of the individual.
"Having a criminal conviction on your record. particularly as a young person trying to gain admission to college or trying to land that first job, can really hamstring a person," he said.
Advocates say arresting a person on a minor marijuana possession charge takes a deputy off the streets for half of a shift, time when that deputy is dealing with transporting the person to jail and filling out paperwork, rather than dealing with more serious crimes.
Police agencies in the 2017 Session of the Legislature also pointed out that holding a person on a minor marijuana charge takes up space in overcrowded jails, and costs taxpayers money that could be put to better use fighting serious crime.
A jail stint, even a brief one, can cause serious damage to a young offender. Officials say one of the main reasons why many businesses are having trouble finding workers is the large number of prospective workers who are limited by a misdemeanor drug conviction on their record.
Spencer says the way 'Cite and Release' works in Harris County, and the way it is expected to work in Bexar County is, a person who is found to be in possession of a small amount of marijuana, in Houston it is less than four ounces, is giving a citation, similar to a traffic ticket.
But the case is still a criminal one. The individual has to go to court, and be sentenced to community service, or, more likely be ordered to complete a drug awareness course.
"You take a class, you have to complete a course, and if you do that, you will not have a conviction for marijuana possession on your record."
He says 'Cite and Release' doesn't work for repeat offenders, people who are arrested for committing other crimes who happen to be in possession of marijuana, or people who have a history of drug crimes.
One thing is certain: making marijuana possession a crime has had absolutely no impact on marijuana use. While numbers swing from year to year, about the name number of people admit to smoking marijuana regularly today as did in the 1970s, and figures from states where marijuana possession is legal are essentially the same.
There is also the possibility that 'Cite and Release' could be extended to other low level, non violent offenses in Bexar County.