PLEASE NOTE: Nothing in this publishing or on this website should be taken as legal advice.
Hays County District Attorney Dismissed and Declines Numerous Low Level Marijuana Cases Since Taking Office
The newly elected District Attorney of Hays County, Kelly Higgins, made a campaign promise related to low level marijuana possession. He took office on January 1, 2023. He seemed to have kept that promise.
We previously wrote about his opinion related to the City of San Marcos decriminalization of low level marijuana possession.
We have also wrote about the prior Hays County District Attorney’s request for opinion on the legality of the San Marcos ordinance. That request also cites a drug law in Texas statute for the Texas Attorney General’s Office to consider.
Hays County District Attorney Dismisses Low Level Marijuana Cases
The Hays County District Attorney has dismissed 25 low level marijuana cases since taking office on January 1, 2023. The cases were dismissed between January 1, 2023 through February 9, 2023.
One case was dismissed and had a claimed offense date of 2013. There were four cases dismissed which were originally filed in 2019. Six cases filed in 2020 were dismissed. Ten cases filed in 2021 were dismissed. Four cases filed in 2022 were dismissed.
Hays County District Attorney Declines Low Level Marijuana Cases
During the same period of time, January 1, 2023 through February 9, 2023, the Hays County District Attorney has declined prosecution of 34 cases related to low level marijuana possession.
Nine cases were filed by the Kyle Police Department and declined. Eight cases were filed by the Hays County Sheriff’s Office and declined. Seven cases were filed by the San Marcos Police Department and declined. Four cases filed by the Buda Police Department were filed and declined. Texas State University filed two cases and they were declined. The Texas Department of Public Safety had two cases declined after filing them. Two cases were filed by unknown or unlisted agencies and they were dismissed.
None of the cases declined were filed in 2023.
Open Records Request was Partially Answered
In our request for information on low level cases we requested a list of those dismissed, and declined. We also asked for a list of all cases the Hays County District Attorney has pending to render opinions. The latter part of our request went unfulfilled.
We are waiting for the Hays County Public Information Office to respond for clarification on the latter part of our request.
A Couple of Our Other Reads
You may be interested in reading our story on a Texas Ranger being accused of perjury.
Or you may enjoy our opinion on why the Hays County jail may be backlogged.
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Categories: The Field Review - Local, The Lone Star Review - State
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