Marijuana possession arrests to continue
Local law enforcers say they won't be using ticket option
By BRENDA SOMMER bsommer@leader-news.com

Following a statewide trend, those arrested for misdemeanor marijuana possession in Wharton County are still being jailed despite a new state law allowing police to issue a citation instead of making an arrest.

Texas lawmakers hoped to ease jail crowding with the new legislation, which took effect Sept. 1, but so far the Travis County Sheriff's Department in Austin is the only law enforcement agency taking advantage of the new law, according to The Dallas Morning News.

Locally, law enforcers agree with their brethren statewide that merely issuing a ticket for possession of less than 4 ounces of marijuana sends the wrong message.

El Campo Police Chief Jim Elliott said his department still takes marijuana offenders to jail.

"I believe issuing a citation is decriminalizing the offense," he said. "Possession of marijuana is a violation of the law and will be enforced like the other Class A and B misdemeanors - no ticket option. Suspects will continue to be arrested, fingerprinted for a permanent Texas Department of Public Safety arrest record and jailed. The suspects will be transferred to the Wharton County Jail the following day for arraignment."

Wharton Police Chief Tim Guin agreed he wants information on marijuana violators put into the state's records.

"We're not issuing tickets, we're doing like everybody else is here," Guin said. "There's issues as far as identification and getting people into the system and processed correctly, as well as getting bond set and assurances people will show up for court."

Lt. Danny Marek of the Wharton County Sheriff's Office said the option in the new law hasn't changed things at his agency.

"We still enforce things the same way: If it's marijuana, they go to jail," he said. "Offi- cers have a lot of discretion on making arrests versus giving tickets, but on that we take the issue of possession of marijuana quite seriously."

In addition to easing crowding, the new law would theoretically keep officers on the street instead of making runs to jail for nonviolent offenders.

Travis County sheriff's spokesman Roger Wade said his department lobbied for the new law to help ease jail crowding and increase efficiency. Issuing citations saves the department gas by not driving suspects from the county's outlying areas to the jail in Austin, he told the Morning News.