Being stopped with a small amount of marijuana in your pocket will no longer result in automatic arrest in Bexar County, under the new 'Cite and Release' program which takes effect today, News Radio 1200 WOAI reports.
District Attorney Nico LaHood says people who meet certain guidelines will, at the discretion of the officer, receive a piece of paper much like a traffic ticket.
"A person must reside in Bexar County, possess a valid government issued ID, must be 17 years old or older, cannot be on bond, probation or parole for any offence, and must not have active warrants for any other pending charges."
Sheriff Javier Salazar says the person will get a summons, and will have to be taken in to be fingerprinted, to make sure they don't have any warrants, and then they will be released.
"I would imagine that if they're anything like a lot of kids running around out there, that should be enough to scare the bejesus out of them, and they will say 'that isn't some place I want to be again,' and they won't do it again. That's what we hope for."
LaHood says the program, which he doesn't call 'decriminalization,' because the decision to criminalize or decriminalize can only be made by the Legislature, will also cover other minor offenses, including petty theft and driving with an expired license.
He says the goal is not to saddle a young person with a lifelong criminal record. He says if the person involves pays a $250 fee, completes a special class on drug avoidance, and does community service, no charge will ever be filed, so there will be no criminal record existing.
"It is out hope that the offender does not face challenges association with an arrest and conviction on thier record, while seeking further education or starting or advancing a career."
Salazar says with violent crime a continuing concern, it doesn't make any sense for a deputy or a police officer to spend four hours, which is what is usually takes an officer to book a person into jail, to deal with an offense which is not even a crime at all in a growing number of states.