Last Updated May 6, 2004

A group of activists, patients and caregivers has assembled in Texas with the goal of introducing medical marijuana legislation in Texas.

In a recent legislative session, the legislature passed a significant reform providing for treatment instead of incarceration for first-time drug offenders.  This remarkable legislation, signed by Gov. Rick Perry (R), will be instrumental in the state’s need to reduce its highly over-populated prison system.

Texas has long been in the national spotlight for rampant racial disparities and abuses in their criminal justice system. With one of the largest prison populations in the country, even modest reforms can have a tremendous impact. A number of recent well-publicized injustices have forced Texas legislators to scrutinize their criminal justice system and enact reforms.

One such injustice occurred in Tulia, Texas in July of 1999. Following an 18-month undercover sting operation, 43 residents of this small town were arrested in early-morning drug raids. Forty of those arrested were black - making up more than 10 percent of the town's entire African-American population. The only evidence against them was testimony of one white undercover officer, who worked alone, and had no audiotapes, video surveillance, eyewitnesses, or written evidence. It was later discovered that the undercover officer had quit his last law-enforcement job and fled town to avoid theft charges. Former co-workers described him as hot-tempered and a compulsive liar.

Despite the fact that the only evidence was the word of one man, many of the accused ended up with very harsh sentences (some first time offenders were sentenced to more than 20 years in prison). The Texas legislature passed two reforms in response to the Tulia controversy, and the U.S. Justice Department has launched a federal civil rights investigation. In May 2003, Governor Perry has signed the release of the remaining 13 individuals incarcerated due to the racial profiling in Tulia.  The man responsible for these convictions, undercover agent Tom Coleman, was indicted in April on charges of lying about the arrests at evidentiary hearings.

Texas' Drug Policy Reform Organizations:

• Texans for Medical Marijuana