A bill filed Monday in advance of the upcoming session of the Texas Legislature would make the maximum penalty for the possession of less than an ounce of marijuana a $100 fine. The fine would not count as a criminal conviction and could not considered as such by anyone performing a background check.
Current Texas law classifies the possession of any amount of marijuana less than 2 ounces as a Class B misdemeanor, punishable by up to six months in jail and a fine of no more than $2,000. In 2007, the state passed a law allowing for marijuana users to cited for the misdemeanor and released. Harris, Dallas and Tarrant, the three biggest counties in the state, have not adopted cite-and-release, but Dallas has signaled its intention to do so as part of a January 2015 pilot program.