The League of Women Voters of Texas | Drug Laws & Policies in Texas

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Drug Laws & Policies in Texas

The League of Women Voters of Texas started a committee this past year to study drug laws and policies in Texas. The text below is intended to begin information sharing on this subject.

HB 2668 sponsored by Rep. Ray Allen (R-Grand Prairie) amended the Penal Code by requiring mandatory community supervision for first time offenders adjudged guilty of possession of less than one gram of certain controlled substances or less than one pound of marijuana. It became effective September 1, 2003. Under previous law, such offenders were eligible for state jail community supervision or incarceration in a state jail facility. For state jail felons identified in the bill, if it is shown on the trial of the offense that the individual previously has been adjudged guilty of a felony, the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.

This new law was estimated to save over $30 million in general revenue in five years. This estimate was based as follows: (1) the increase in the number of people on community supervision by 12,600, due to the shift of state jail felons identified in the bill from state jail facilities to community supervision; (2) decreased state jail admissions by 2,500 at $40 per day per inmate; and (3) an estimate of recidivism rates of failure on community supervision/treatment based on the present recidivism rate for drug court participants.

The fiscal note does not include additional costs to be incurred by local government for community supervision.

Source: HB 2668 fiscal notes

The following are timelines for local Leagues to plan program and consensus meetings.

June 2005 - The Leaders Guide with consensus questions will be distributed to local Leagues.
August 2005 - Facts and Issues will be ready for distribution.
September-November 2005 - Local Leagues should plan a meeting for consensus in these months.
December 15, 2005 - Consensus reports are due to the state LWV office from local Leagues.
January 2006 - Consensus from local Leagues will be approved at the state board meeting.

Policy makers in a number of states including Texas are debating about their drug laws and the enforcement of those laws. The Supreme Court will be ruling this year on a California case concerning the medical use of cannabis (marijuana). At a national level the war on drugs continues. Watch the media to keep up with the latest developments on this complex issue. Possible local programs ideas include the following:

Enforcement of laws in your communities regarding possession, use and distribution of illegal drugs and other substances. Does the time fit the crime?
The medical use of cannabis (marijuana), fact and fiction.
The availability and use of drug treatment facilities in your community.
In your community, is drug addiction considered a medical condition or a criminal offense? What are the costs and benefits of treating drug addiction versus incarceration?
The feasibility of sterile syringe/needle exchange programs?
Are educational programs aimed at keeping children from using drugs working in your community? What works and what doesn’t?
Pregnant women and substance abuse.

Download the 2005:
Drug Study Facts & Issues

Drug Laws & Policies Study Committee:

Elaine Talarski (San Antonio), chair; Avo Butler (Sherman/ Grayson Co.); Sandy Elkins (Plano/Collin Co.); Betty Groepper (Tyler); Pauline Jones (El Paso); Suzanne Wills (Dallas)

Additional links: