Drug Policy Forum of Texas                     

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Updates and a Correction



By Suzanne Wills, Drug Policy Chair

August, 2003

First the correction: “Locking Up the Vote” in the May, 2003 issue of the Voter said that in Texas a convicted felon’s right to vote is not restored until two years after discharge from prison, probation or parole. This is obsolete. Texas restores the right to vote immediately after discharge from prison, probation or parole whichever is longer.

Two important bills affecting drug policy were passed by the regular session of the 2003 Texas Legislature and signed by the governor.

Sen. John Whitmire (D-Houston) and Rep. Terry Keel (R-Austin) each sponsored bills to amend the Texas Code of Criminal Procedure to allow 13 Tulia defendants to be released on bond while the Texas Court of Criminal Appeals considers their writ of habeas corpus appeals, a process that could take two years.

Pro: The defendants were released on June 16.

Con: The defendants are still subject to restrictions imposed by the court. They have not been exonerated in spite of the flagrant legal errors involved in their cases. Two defendants remain in prison because they are incarcerated for parole violation (i.e. being arrested on charges made by Tom Coleman) instead of being convicted based on his testimony.

HB 2668 sponsored by Rep. Ray Allen (R-Grand Prairie) mandates probation and drug treatment for first-time felons caught with less than a gram of most drugs or less than one pound of marijuana. It will become effective September 1.

Pro: This change is predicted to lower the state jail population by 2,500 people and save the state $30 million in the current budget. Felons who complete a drug treatment program are far less likely to be imprisoned on subsequent charges than those who are initially sent to prison. Most prison inmates are parents of minor children. Children who live with their parents are one-fifth as likely to serve prison time themselves than are children who are placed in foster care or with relatives.

Con: The offenders still have a felony conviction on their records. This is a huge impediment in finding employment. Most offenders caught with less than a gram of a controlled substance are not addicts and do not need treatment. While treatment is much less expensive than jail, it is still expensive. Clogging the available facilities with people who are mandated to be there takes valuable space from addicts who want and need to be there.

The City and County of Santa Cruz, CA and patients from the Wo/Men’s Alliance for Medical Marijuana (WAMM) have filed suit against John Ashcroft in an attempt to halt the federal government’s raiding medical marijuana collectives. (See War Against the Sick, Nov. 2003 Voter) This is the first time a public entity has sued the federal government on behalf of marijuana patients.

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