Texas: Harris County DA Presents Plan To Decriminalize Minor Marijuana Offenses

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Mayor Sylvester Turner is reviewing a proposal from Harris County District Attorney Kim Ogg that, once implemented, will decriminalize some marijuana possession offenses.

The policy, which goes into effect on March 1, is known as the Misdemeanor Marijuana Diversion Program, a pre-charge diversion program for individuals who meet certain criteria, and are in possession of four ounces or less of marijuana.

Those who qualify will not be arrested, ticketed, or required to go to court if they agree to take a four-hour drug education course.

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However, if the person caught refuses to attend the class, they could be prosecuted and face a year in jail.

The plan is designed to reduce jail overcrowding and would save Harris County more than $10 million per year, as well as reduce the man hours for processing individuals for minor offenses.

Leaders in the Harris County law enforcement community viewed the proposal favorably.

Houston Police Chief Art Acevedo said focusing law enforcement energies on low level offenders is a waste of city resources, and that police officers would concentrate on major criminal activities like home invasions and robberies, or crimes aimed at individuals.

Ryan Sullivan, spokesman for the Harris County Sheriff’s Office, said the move would likely have little effect on the jail population, but the department was encouraged by the change.

Jordan Steiker, Professor of Law, University of Texas School of Law and Fair Punishment Project Legal Advisory Committee Member supports Ogg's diversion plan.

“The diversion program adopted in Harris County is both wise and compassionate: it prevents county resources from being consumed for low level activity and it gives offenders a productive way to rebound. It’s a win-win for the county and its citizens.”

Jessica Brand, Legal Director for the Fair Punishment Project, called Ogg's plan an important first step towards creating a more sensible, fair, and humane justice system.

"The program will keep thousands of individuals out of jail, allowing them to stay with their families, keep their jobs, and remain part of the community," Brand said. "While we are encouraged by this development, the the progress shouldn’t stop here. We hope this is a sign that D.A. Ogg will embark on a comprehensive set of much-needed reforms during her tenure."

While some indeed view the plan as a win-win, officials outside of Harris County are taking a hard line stance toward the new plan.

“She doesn’t speak for the State of Texas or the majority of elected district and county attorney’s across the state,” Montgomery County District Attorney Brett Ligon said in a press release on Wednesday.

Ligon added that despite a rise in violent crime rates in Harris County, Ogg is focusing her attention on the issue of legalization of marijuana, and that if Ogg want’s to legislate, she should run for state representative or state senate, instead of being a district attorney.

“I swore an oath to follow the law – all the laws, as written by the Texas Legislature. I don’t get to pick and choose which laws I enforce,” Ligon said.

As a whole, district attorney’s use great latitude in law enforcement and when it comes to marijuana arrests in particular, diversion programs such as rehabilitation, drug classes and drug courts are widely used options.

Former Harris County DA Devon Anderson, who lost to Ogg in November, implemented using diversion programs for minor drug offenses, which could only be applied for the offender once.

Under Anderson’s plan, the offender was still arrested and jailed, and had to appear in court to apply for this diversion program.

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