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FACT BRIEF

Can Fort Worth police choose not to arrest someone for possessing marijuana?

By Ismael M. Belkoura
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YES

Fort Worth police officers have the option to issue citations in lieu of arrest for 4 ounces or less of marijuana possession.

The Fort Worth Police Department Code of Ethics outlines certain Class A and B misdemeanors, including possession of marijuana, as eligible for the cite-and-release program. Individuals must attend a court date listed on the citation, where normal processing, including fingerprinting and posting bond, will occur.

Possessing 2 ounces or less of marijuana is punishable up to 180 days in prison and a fine up to $2,000.

Possessing 2 to 4 ounces of marijuana is punishable up to one year in prison and a fine up to $4,000.

State lawmakers approved the cite-and-release program in 2007, but police jurisdictions have the choice to participate.

The decision to make an arrest is made by the investigating officer on a discretionary basis.

This fact brief is responsive to conversations such as this one.
Sources
Fort Worth Police Department | Code of Ethics
Texas Legislature | H.B. No. 2391 (2007)
Texas Norml | Cannabis Laws & Penalties in Texas
The law office of Kevin Bennett | Possession of marijuana ticket in Texas
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Fort Worth Report
The Fort Worth Report is a 501(c)(3) organization that launched April 12, 2021. This new media outlet is built on a foundation of local leadership and local investment. It provides community-sourced journalism that exclusively supports and reports on the Fort Worth community with fact-based, thoughtful and contextual coverage without bias or predetermined agendas. The enterprise is governed by a mission statement, bylaws, and an organizational structure that ensures it remains faithful to these foundational principles.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.