Opinion No.

Honorable Ben Z. Grant Chairman Judiciary Committee House of Representatives Austin, Texas

Re: Authority of a municipality to enact an ordinance providing for a fine for possession of marihuana.

Dear Representative Grant:

You ask whether there exists in Texas a criminal offense of `criminal intent' to possess a controlled substance such as marihuana, and whether a city can enact an ordinance providing for imposition of a fine for possession of less than two (2) ounces of marihuana.

Criminal intent, or mens rea, refers to a culpable mental state defined by Penal Code section 6.03(a), which…