Monday, Aug. 26, 2024
Can Fort Worth police choose not to arrest someone for possessing marijuana?
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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