A Texas law that went into effect on Sept. 1 allows police to write tickets for misdemeanor marijuana possession rather than arresting and imprisoning offenders, but so far few jurisdictions appear to be embracing the law, the Dallas Morning News reported Dec. 31.

Lawmakers hoped the law would help ease jail overcrowding, but only one county  has adopted it, and officials in others say they don't have procedures for processing the misdemeanor citations and don't plan to develop any.

Citations can be issued in lieu of arrest for possession of four ounces or less of marijuana. Greg Davis, first assistant district attorney in Collin County, said the law sends a bad message. "It may ... lead some people to believe that drug use is no more serious than double parking," Davis said. "We don't want to send that message to potential drug users, particularly young people."

Critics also said that issuing tickets instead of arresting offenders could complicate prosecutions by making it harder to positively identify suspects and ensure they show up in court.

Local officials acknowledge that jail overcrowding is a major problem, but Dallas County criminal-justice director Ron Stretcher said that the goal of easing overcrowding may not justify the new law. "These are not just tickets. These are crimes that need to be appropriately dealt with," Stretcher said.  "We want to make sure we get them back to court to stand trial."

But Rep. Jerry Madden, who sponsored the law, replied, "It's not about emptying the jail. It's about making sure that we have room in the jail for the people who need to be there."

"There are folks that think we are being soft on crime because we are just giving tickets," said Roger Wade, a spokesman for the Travis County Sheriff's Department, which is utilizing the new law. "We are still hard on crime. We believe if we can save resources and have the same affect on crime, then we should take advantage of this."

Under Texas law, marijuana possession is punished as a class A or B misdemeanor. A class A misdemeanor can result in up to one year in jail and fines of up to $4,000. A class B misdemeanor can result in up to 180 days in jail and up to $2,000 in fines.