AUSTIN -- If a police officer in Texas catches you with a few ounces of marijuana you're going to jail, right? Maybe not.

Beginning Sept. 1, police officers will have the discretion to issue citations similar to traffic tickets rather than hauling the offender to jail. House Bill 2391, which passed with virtually no opposition during the 2007 legislative session and was signed into law without fanfare by Gov. Rick Perry, does not change the penalty for pot possession.

But supporters say the discretion may only be used when the person is in possession of four ounces of marijuana or less and lives in the county where the stop was made, and only when the suspect is not considered a threat to public safety. Plus, they say, it will save a lot of time and paperwork for beat cops and it will help prevent local jails from being clogged with otherwise low-risk lawbreakers.

"From my perspective, it gives police officers another tool in their belt when dealing with nonviolent offenders," said Deputy Chief Dennis McKnight of the Bexar County Sheriff's Department. "Rather than spending three hours taking a guy downtown, booking him into jail, taking him before a magistrate and taking his paperwork up to the district attorney, I can write him a ticket compelling him to show up in court.

"And I can get back to my beat protecting my citizens from rapists and burglars," he added. "It's a no-brainer."

But the Fort Worth Police Department and the Tarrant County District Attorney's Office see it differently. Assistant District Attorney David Montague said his agency is advising local law enforcement agencies to continue taking into custody anyone who violates the law governing marijuana possession.

"It is our desire that they continue to handle these cases as they've been handled in the past," Montague said. "It would be a big hassle to implement the new policy, and there would be no guarantee that we would have the tools we need to make sure these folks made it back for their court appearance."

Lt. Robert Rangel, who heads the narcotics division for the Fort Worth Police, said the department will follow the DA's recommendation. He said most arrests involving small amounts of marijuana are made by patrol officers who find the stash in the course of making traffic stops or other routine business.

"Our unit is targeting the trafficking of more dangerous substances," Rangel said.

State Rep. Jerry Madden, a Richardson Republican who chairs the House Corrections Committee, said he introduced the legislation at the behest of law enforcement organizations who expressed concerns about local jail overcrowding and about whether police officers' time could be better spent rather than taking misdemeanor offenders into custody.

The measure passed 132-0 in the House and 29-1 in the Senate. Houston's Dan Patrick, a Republican, cast the sole dissenting vote.

"This is not about decriminalizing marijuana," Madden said. "There's nothing in the legislation about that." Under the new law, possessing less than two ounces of marijuana remains a Class B misdemeanor punishable by 180 days in jail and a fine of up to $2,000. Possession of two ounces to four ounces remains a Class A misdemeanor and is punishable by up to a year in jail and a $4,000 fine.

Perry spokeswoman Krista Moody said the governor has no problem with local law enforcement agencies deciding to allow citations to be written in marijuana-possession cases as long as the suspects are held accountable.

Ana Yanez Correa, director of the Criminal Justice Coalition, said the new law makes sense for both law enforcement agencies and for those accused of possessing small amounts of marijuana.

"This says to the police officer, you have the experience and judgment to decide whether this person needs to be taken to jail immediately," she said. "And for the person accused, if he is given a citation, he doesn't risk losing his job because he misses work or risk losing his home because he lost his job. He still has to go to court, and he still faces punishment."

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What I freely have been given let me freely share

I heard this a while back. Go figure Texas, I always thought Texas was hardcore....I guess they just are hardcore with the death penalty. More states should follow...I hope mine is one of them.

i hear ya there giggles,if you here anything about our state please post asap,someone posted about ohio if they pass it there i'll move back but close to the pa boarder its only 30 min drive to ohio now

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"I SOFA KING WE TODD ED"

Dont believe the hype. Thats a law passed because alot of powereful people/their children smoke bud in Tx.

Those will be the people being let off with a citation or warning.

The avg. Joe is headed to the Bing.

Pardon my cynicism.

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you still have to go to court and all the other fun shit that goes along with it.. but atleast its at the cops discretion whether you are going to jail or not..

its a step in the right direction..ty for the post..

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Don't drink the bong water.