[Sativa]

A new Texas law, HB 2391, takes effect September 1, and it gives all agencies the discretion to issue a ticket, as opposed to sending offenders to jail, if found with marijuana.

However, local authorities say your stash won't grant you a free pass. The controversial cannibus law is going up in smoke in Bexar County.

"What sounds good in theory isn't really that good in practice," Bexar County Assistant District Attorney Cliff Herberg said.

The law allows law enforcement officers to determine whether they will cite or arrest someone found with 4 ounces or less of pot, but don't expect that to be the norm in San Antonio.

"We're sticking with what's in place," Herberg said.

That's means offenders found with joints will still land in the joint, a stance backed by San Antonio Fighting Back.

"We believe that whether it's 2 ounces, 4 ounces, or thousands of pounds, that it is a drug; it is illegal," said Pastor Keely Petty, with S.A. Fighting Back.

However, some say the legislation makes sense and can ease jail overcrowding.

"They're not initially being pulled over with the knowledge that they have anything illegal in their possession," Lauren Payne said.

"It's not even worth, you know, taking them into jail and, you know, wasting everybody else's money, you know, trying to house them because it's so overpopulated right now," Celina Cain said.

However, the District Attorney's Office isn't rolling out a get-out-of-jail-free card for those busted with pot.

"If you want to empty the jail, you don't have to arrest anybody, but that's not really the way to address the problem, and we have a need to arrest these people for identification purposes," Herberg said.

Deputy Chief Dennis McKnight with the sheriff's office was quoted in the Fort Worth Star-Telegram as supporting the legislation as a viable option. KENS 5 was unable to reach McKnight for comment.



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Source: MySA.com
Author: Selena Hernandez
Contact: Express-News and KENS 5
Copyright: 2007 KENS 5 and the San Antonio Express-News.
Website: MySA.com: Metro | State