When Austin voters overwhelmingly approved a ballot measure in 2022 that eliminated local enforcement of low-level marijuana offenses, they couldn’t have foreseen the recent partnership between the police and the Texas Department of Public Safety. Although a city spokesperson said that both agencies won’t arrest people in Travis County solely for possession, some justice advocates worry that searches on suspicion can lead to additional charges. A bill just passed in the Texas House of Representatives would ease some of those anxieties by ensuring statewide that no one is taken into custody for carrying less than an ounce of cannabis flower or concentrates.

Filed by Rep. Joe Moody, D-El Paso, House Bill 218 reduces penalties for simple possession of marijuana (“marihuana,” per the divine wisdom of the Texas Lege), instructs officers to quit making arrests for personal amounts and related drug paraphernalia, and provides a framework for expunging past charges. Several publications have referred to HB 218 as a decriminalization bill, though having recreational or nonmedical marijuana would remain a criminal offense.

“Under House Bill 218, possessing a small amount of cannabis is still illegal. We’re just addressing it in a smarter way than we do now,” Moody said on the House floor before final passage. “What this will do is free up hundreds of millions of dollars that currently go into enforcement, keep police on the street working more serious cases instead of processing these petty arrests, and make sure those who would currently end up with a record that interferes with jobs, school, housing, and licensure come out of the process without any permanent stigma.”