Help needed: Please call your Senators on SB 3680 it already passed the House HB 3680

[MagickMuffin]

Even if you don't consume Cannabis or care about this issue, it does effect a lot of Texans who do for one reason or another, whether it is for medical use or recreational use this law NEEDS to be stopped.

Texas legislature considering bill that could send medical marijuana patients to jail for a year

On Wednesday, the House passed a bill (unanimously) that would subject those who possess any amount of marijuana in the same place as someone under 18 years of age to a year in jail and $4,000 in fines. HB 3680 now moves to the Senate for debate, which has until June 1 to consider this ill-advised legislation.

Texas does not need this new law because it would carelessly lump those who possess small amounts of marijuana for personal use into the same category as methamphetamine manufacturers. Even worse, because Texas does not have a medical marijuana law, legitimate medical marijuana patients would be exposed to penalties typically reserved for those who are causing real harm.

These penalties would apply even in cases where the marijuana is kept in a locked container that the minor knows nothing about and cannot access. Texas already has several laws that prohibit and punish "injury to a child" or "endangering" a child, so this bill is simply overkill. Unfortunately, a popular tactic often used by proponents of bills like this is to use children as props in their crusade against drugs like marijuana. Historically, this has been an effective way for drug warriors to pass bad laws; however, the year is 2009 and even the Drug Czar has called for an end to the "War on Drugs."

This legislation will tear families apart by sending parents to jail for simply possessing marijuana. How is this supposed to benefit Texas? It won't, so please take the time to call and write your senators in opposition to SB 3680 today.

[tammywammy]

1. Thanks for the heads up MagickMuffin n/t

[Baby Snooks]

2. Unanimously?

Not one Democrat voted against this?

[MagickMuffin]

4. It's a lot worse than my OP, below is the bill

140 Yeas.... 0 Nays




81R12640 JRH-D

By: Riddle H.B. No. 3680



A BILL TO BE ENTITLED

AN ACT
relating to creating the offense of contributing to the delinquency
of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.042 to read as follows:
Sec. 22.042. CONTRIBUTING TO DELINQUENCY OF A CHILD. (a) A
person commits an offense if the person is 17 years of age or older
and intentionally, knowingly, or recklessly causes or encourages a
child to:
(1) engage in specific conduct that, under the
circumstances surrounding the actor's conduct, would cause the
child to be present during the commission of an offense under
another section of this code; or
(2) enter or remain in a place where:
(A) a controlled substance, a controlled
substance analogue, drug paraphernalia, or marijuana, as defined by
Chapter 481, Health and Safety Code, is used, possessed,
manufactured, or distributed; or
(B) prostitution is practiced.
(b) In this section, "child" means any person younger than
17 years of age.
(c) An offense under this section is a felony of the third
degree if the actor commits the offense intentionally or knowingly.
If the actor commits the offense recklessly, the offense is a Class
A misdemeanor.
(d) It is not a defense to prosecution under this section
that the actor did not know that the victim was a child.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 2. This Act takes effect September 1, 2009.


http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB3680

Click the Passed link and it can be found on page 38

There seems to be a lot of votes that are NOT good for Texans and their right to privacy.

[sonias]

3. It's a crappy bill but I think they toned it down.

The committee substitute is what passed on the floor. It looks like this:

By: Riddle H.B. No. 3680
A BILL TO BE ENTITLED AN ACT
relating to creating the offense of contributing to the delinquency
of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Penal Code, is amended by adding
Section 22.042 to read as follows:
Sec. 22.042. CONTRIBUTING TO DELINQUENCY OF A CHILD. (a) A
person commits an offense if the person is 17 years of age or older
and intentionally or knowingly causes or encourages a child to:
(1) engage in specific conduct that, under the
circumstances surrounding the actor's conduct, would cause the
child to be present during the commission of a felony; or
(2) enter or remain in a place where:
(A) a controlled substance, a controlled
substance analogue, drug paraphernalia, or marihuana, as defined by
Chapter 481, Health and Safety Code, is used, possessed,
manufactured, or distributed; or
(B) prostitution is practiced.
(b) In this section:
(1) "Child" means any person younger than 17 years of
age.
(2) "Place" means:
(A) the grounds of a park, lot, or parcel of land;
or
(B) a building or a portion of a building,
including a distinct residential or lodging unit, but not including
a residential or lodging structure that does not have a living area
in common.
(c) An offense under this section is a Class A misdemeanor.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 2. This Act takes effect September 1, 2009.

The penalty was reduced to a Class A misdemeanor in the substitute and with amendments. The original bill that was filed was the one with the third degree felony.

HB3680

I'm not defending the bill. I'm just saying that's why you didn't get any one to vote against this. If something like this bill was going to die, it had a better chance to get killed in the House. It's going to be very hard to kill in the Senate.

Sonia

[MagickMuffin]

5. I just replied to Baby Snooks

Even tho they reduced the penalty, it still has a lot of terrible consequences for Marijuana users.

A) a controlled substance, a controlled substance analogue, drug paraphernalia, or marihuana, as defined by Chapter 481, Health and Safety Code, is used, possessed, manufactured, or distributed;

Maybe the new US drug czar can change the way we fight the War on Drugs.

[Baby Snooks]

7. Unbelievable

Now you're suggesting the "drug czar" can just wave a magic wand and tell Texas this will no longer be the law?

This law will be used selectively like all "morality" laws. And it is another way to keep minorities in their place.

They will be able to remove children from homes as a result of this. And destroy lives. Over a joint.

And EVERY Democrat voted for it? THAT to me sums up what's wrong with the Democratic Party in Texas. The party should tell them all to run as Republicans next time. They certainly do "work well with Republicans."

What did they do? Trade off votes for their bills for this? If so they traded off everyone who voted for them - trusting them to stand up against this very thing. To stand up to the Republicans.

[MagickMuffin]

11. Of course I'm not implying the "drug czar can wave a magic wand and tell Texas

this will no longer be the law."

"Maybe the new US drug czar can change the way we fight the War on Drugs."


Key word MAYBE

This isn't just about "minorities" it's about anyone who consumes Cannabis, it doesn't matter what color your skin is, if the Law Enforcers wants to stick it to anyone "breaking" the new law then they will bust them. And it just isn't "over a joint" they can do so if they find drug paraphernalia, you know a pipe, roach clip, who knows maybe they could stretch it if they find razor blades in the house or car with a minor, you just never know those razor blades "might" be used to cut coke or meth.

It doesn't address the issue if the "drugs or drug paraphernalia" belongs to the kids and the parents aren't even aware of it. I wonder what happens under those conditions. I also wonder if these congress critters have minors living at home and they are users, will they get "special treatment" because one of their parents are legislators.


"What did they do? Trade off votes for their bills for this? If so they traded off everyone who voted for them - trusting them to stand up against this very thing. To stand up to the Republicans."

I suppose if you know any of them you should call them and find out. I plan on asking some serious questions from the ones in my town.

[Baby Snooks]

13. Not about minorities?

You must not live in Texas. Drug laws in Texas are ALWAYS about minorities. White boys get 2 years probation for possession of cocaine. Black boys get 20 years in prison for possession of crack.

Call your county chairman. Call the state chairman. Ask them if they are Democrats or Republicans. Or just more Republicrats. Blowing with political winds. And of course the money. And in this case, obviously the votes. The votes they could trade off.

"Works well with Republicans." They do indeed.

[MagickMuffin]

19. 5th Generation Texan

That's the thing about our drug laws and discrimination. While minorities are often the target, white people also get abused by the system. It DOES NOT matter to the Law Enforcers what color your skin maybe, if you are breaking the law they WILL arrest you, PERIOD. Most of the white people who get probation can afford an attorney to keep them out of prison, but if you are poor you can bet your sweet ass you will not be so lucky, again it doesn't matter what the color of your skin may be.

As far as the Cocaine/Crack comparison this is the Federal Law, not just a Texas Law.

Crack Cocaine was a clever invention by our government for the sole purpose to get black people hooked on it, since they mostly smoked weed and cocaine was too expensive. Powder cocaine has pretty much always been the rich man's high. This was back when "pot" was less expensive, after the crack epidemic took off the price of "pot" skyrocketed.

My BIL has been a Enforcer off and on throughout his life and he is a racist. So, I do realize that there are Enforcers who join the Force so they can carry out their racism without getting into trouble for beating up black people, or making False Arrests. Happens ALL the time, especially in the South.

[Baby Snooks]

6. Are you defending the Democrats who voted for it?

"I'm not defending the bill. I'm just saying that's why you didn't get any one to vote against this"

Are you saying that because they removed the felony violation and retained the Class A misdemeanor violation it's somehow acceptable?

[sonias]

8. Nope

But this is Texas and because they want to be re-elected they vote for crap like this. Or the other side will use the vote against it as a campaign ad. "So and so voted against a bill to protect our children".

That's the truth about a lot of the bills that pass.

I'm just saying it could have been a lot worse.

Sonia

[Aragorn]

9. less disgraceful?

Texas was the last state to make possession of any amount of marijuana "only" a misdemeanor.

[MagickMuffin]

12. They don't even bother weighing small amounts of Cannabis. You are CHARGED

for less than X amount. So, even if you get busted for 1 gram you are charged as "less than 2 oz" of Cannabis.

I remember back in the late 70's that sometimes cops would just take it away from you along with a lecture. But the Raygun through the Bush II years they amped up their rhetoric (prisons for profit and confiscations of one's property) took care of those conditions. You get busted you're gonna pay something to keep yourself out of jail, only if you can afford it.

[Baby Snooks]

10. Re-elected by whom?

By Democrats or Republicans? Are you saying a Democrat can't be elected to office in Texas without the support of Republicans?

[Why Syzygy]

17. da-yam . They are serious aren't they.

We need to push back on this.

[sonias]

14. I was wrong about this bill

I do not have any expertise on the level of penalties under the criminal code. I thought misdemeanors were not as serious but there are levels of that as well. I think a Class C is the level of the least serious offense. A Class A is of the most serious level and does carry very hefty consequences.

A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.

This is a horrible bill.

I have no idea why no one opposed it. Some of our most liberal/progressives in the House Lon Burnam and Eliot Naistatt voted for it. And I know Representative Naistatt is a medical marijuana supporter. He's the Representative that introduces the bill every session.


Sonia

[Baby Snooks]

15. And they are "upgraded" very easily...

I was assaulted back in 2001 and they were charged with Class A misdemeanor assault and the charge was to be upgraded to a Third-Degree felony charge of terroristic threat rather than stalking although at the time he was finally arrested in 2003 it could have been upgraded to a Third-Degree felony charge of stalking which was only a misdemeanor at the time of the assault and the stalking. Could have been. Had he been extradited. The problem was I was being stalked by someone else at that point and a stalking had become a political situation that our esteemed district attorney, Chuck Rosenthal, decided to take care of by refusing to extradite one and refusing to file charges against the other.

A political situation involving some Democrats who work well with Republicans. Which is why I don't like Democrats who work well with Republicans. And why I finally decided I didn't like Republicans at all.

I've been there, done this. And don't be fooled by the "only a misdemeanor" because if you have a racist district attorney that district attorney will find a way to upgrade to a felony.

And that is what makes me angry about this. And about the fact that not one Democrat voted against it.

[Baby Snooks]

16. This must be stopped if possible...

Everyone should call the Democratic state senators. Just ask them if they are Republicans as well.

[sonias]

18. I have a Republican Senator

And I know exactly how he's going to vote if this bill makes it to the floor. He will vote for it like the other 18 members of his party.

The bill has not gotten a committee hearing yet. It still needs to go through the whole process on the Senate side. It was referred to this Senate Committee on Criminal Justice. As a start these are the Senators to contact first.

Maybe it could get killed in committee.
Senate Committee on Criminal Justice members

Coincidentally there's a good article by Arianna Huffington on the Drug war:

http://www.huffingtonpost.com/arianna-huffington/ending-the-war-on-drugs-t_b_203768.html">Ending the War on Drugs: The Moment is Now
(snip)
In his first interview since being confirmed, Obama's new drug czar, Gil Kerlikowske, said that we need to stop looking at our drug problem as a war. "Regardless of how you try to explain to people it's a 'war on drugs" or a 'war on product,'" he told the Wall Street Journal, "people see war as a war on them. We're not at war with people in this country."

He also said that it was time to focus more on treatment and less on incarceration.

Earlier this year, Attorney General Eric Holder announced that the federal government would no longer raid and prosecute distributors of medical marijuana who operate in accordance with state law in the 13 states where voters have made it legal.

Sonia

[Baby Snooks]

20. By all means call John Whitmire...

But call the other 11 Democratic senators as well since I doubt he will kill it. It might be nice to have at least one Democrat to vote no on this.

[stepmom]

21. HB 3680

Does anyone know the status of this bill which has been sent
to the Senate?  Seven days left in the session; I check the
calendar daily to see if it's coming up for a hearing, but no
news.  Very scary.

[sonias]

22. It's stuck in Criminal Justice committee in the Senate

I doubt it will ever get a hearing.

Welcome to DU stepmom!

:hi:


Sonia

[stepmom]

23. HB 3680

Thanks Sonia, I hope you're right. I'll keep monitoring the
calendars and hope for the best.  What a great site by the
way, can't believe I just now found it.

[sonias]

24. It's officially dead

Midnight, last night was the deadline for the Senate to pass a House bill. This bill croaked at about 2:30 a.m. this morning.

You can be thankful to Senator John Whitmire who apparently didn't think it was a good piece of legislation either - since he suffocated it in committee.

:woohoo:


Sonia

[stepmom]

25. Great News

Thanks for the update - I should probably send Senator
Whitmire flowers or something.