New pot policy to take effect Monday in San Antonio

By Emilie Eaton
Updated 3:16 pm CDT, Friday, June 28, 2019



Photo: Tom Reel /Staff Photographer
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District Attorney Joe Gonzales announced Friday the details of a new program called cite and release, giving police officers thr discretion to cite, rather than arrest, people for certain misdemeanors.


Starting Monday, law enforcement officers in Bexar County will have the discretion to cite — rather than arrest — people accused of some low-level misdemeanors, including possession of small amounts of marijuana.

Bexar County District Attorney Joe Gonzales unveiled details Friday of a revised cite and release program. Gonzales, who took office Jan. 1, campaigned on the promise to revive the seldom-used policy.

Under cite and release, people accused of certain low-level misdemeanors, such as theft, possession of a few ounces of marijuana or driving with an invalid license, are issued citations rather than arrested. In some ways, the citation is similar to a traffic ticket.

“We’re giving them an opportunity to turn their life around,” Gonzales said Friday. “Criminal justice reform is here in Bexar County. This is a really great start.”

On ExpressNews.com: San Antonio cite-and-release program almost ready, DA says

Cite and release can also paired with programs that divert offenders’ cases from the regular court system, making the process shorter and faster.

Similar citation programs in Travis and Harris counties have have been lauded for freeing up police officers’ time to focus on violent crime. They also can help unclog courts and open up space in jails.

Defendants can benefit, too. Now, someone accused of a Class A or B misdemeanor is arrested, handcuffed, taken to jail and booked. For low-level crime, defendants can typically bond out within a couple hours. But advocates say the person could lose a day of work or school and, in some situations, have his or her car impounded.

On ExpressNews.com: How will citation program for low-level crime work? Officials look to Austin

Worse yet, there is a permanent criminal record, which can hinder a person’s ability to get a job or a place to live.

Gonzales said that his cite-and-release program will apply to possession of less than 4 ounces of marijuana, criminal mischief, theft, theft of service — such as leaving a restaurant without paying the bill — and driving with an invalid license.

Graffiti, which is eligible under state law for cite and release, is not included.

Bexar County Sheriff Javier Salazar and San Antonio Police Chief William McManus, who joined Gonzales Friday, said they were hopeful that cite and release will benefit the public.

“Cite and release will give officers more time to stay on the street,” McManus said. “The benefits to the community will show.”

https://www.mysanantonio.com/news/local/article/Starting-Monday-people-caught-with-small-amounts-14058368.php