GOP Legislators Take Action To Rein In DAs Who Avoid Prosecuting Certain Cannabis Crimes

A duo of GOP lawmakers recently filed two identical bills in the Texas Legislature, seeking to chastise district attorneys who are failing to enforce state law.

Under HB 1350 filed by State Rep. David Cook and SB 378 from State Senator Tan Parker, Texas attorneys general would be allowed to sue the DAs for failing to comply with the law.

Cook emphasized that legislation would curb the district attorneys who are prioritizing their personal politics in the process of criminal case evaluation, referring to those pledging not to prosecute certain cannabis crimes or abortion cases, reported CBS DFW.

If proven guilty in a jury trial, they would no longer remain in office and face up to a $1,500 civil penalty for the first violation. For the second and each additional offense, those found guilty would have to pay up to a $25,500 fine.

"It's ridiculous that a step like this has become necessary," Cook said. "But when you have district attorneys that are being defiant, saying we're not going to prosecute certain crimes, then you have to have a process in place that provides repercussions for making bad decisions."

Cook's fellow Republican Rep. Dade Phelan who was recently elected to a second term as speaker, said last week that it's time to "rein in" district attorneys, reported NBC 5 DFW.

"If rogue District Attorneys will not uphold the law, what progress are we really making," Phelan said.

Texas Officials Still Favor Conservative Position On Marijuana

Phelan is not as conservative regarding cannabis as his chamber colleagues.

While he did say in an interview last year with the San Antonio Report, the state Legislature will clamp down on district attorneys who avoid enforcing the law, he also promised to make criminal justice reform the highest priority in the next session, confirming his support for lowering marijuana possession penalties.

However, Texas Governor Greg Abbott is more radical. After President Joe Biden announced in October that he would pardon all prior federal offenses for simple marijuana possession and urged governors nationwide to do the same on a state level, Abbott made it clear that he would not oversee pardons in the Lone Star State.

"Texas is not in the habit of taking criminal justice advice from the leader of the defund police party and someone who has overseen a criminal justice system run amuck with cashless bail and a revolving door for violent criminals," stated Renae Eze, Abbott's spokesperson. "The Governor of Texas can only pardon individuals who have been through the Texas Board of Pardons and Paroles system with a recommendation for pardon."

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