New pot policy lights up Harris County

Harris County’s District Attorney Kim Ogg passed a decriminalization policy for small amount possession of marijuana up to four ounces or less March 1. The Misdemeanor Marijuana Diversion Program, includes that anybody who gets caught with four ounces or less will not go to jail, be issued a ticket, or receive a criminal record, if they take a marijuana course.

Offenders will have to pay $150 to attend a four-hour “Cognitive Decision Making” course and it will go off their record. They must not break the law (excluding Class C offenses) prior to completion of the program during the 90 day period. If the person is caught again during that 90 day period they will go to jail. If they are caught again once the 90 days has passed they will go through the same process again.

The Misdemeanor Marijuana Diversion Program does have some guidelines. If a person is caught with marijuana and they are on probation, out on bond, going through differed judification, or caught in a drug-free zone (ex. school zone) they will not be eligible for this program and will be arrested. If the person is eligible, they will have to take a “Cognitive Decision-Making” class. If they complete the course, there will be no charges on their record.

With the class costing $150, some feel this could cut down on money the county receives from criminal charges. If a person was caught in possession of up to four ounces marijuana before this new law, they would spend, and Harris county would receive, up to $2,000.

“Kim Ogg just said she was going to use the full extent of her discretion and no longer make misdemeanor cases a priority.” said Cara Bonin, executive director of Houston NORML, The National Organization for the Reform of Marijuana Laws. “The state set 4 oz to be a class A misdemeanor so that is why up to 4 oz is considered in this program.”

Harris county spends between $25 and $26 million every year prosecuting marijuana possession cases; that means 10,000 misdemeanor cases every year. One million seven hundred thousand dollars a year is spent testing evidence. Thirteen million dollars is spent on housing marijuana offenders who spend an average six days in jail on low-level marijuana cases.

“If our city and county have made $2,000 for each arrest made on marijuana misdemeanors, and it is dropping to $150 for one four-hour class and no trial, the city and county are now receiving less money,” said an anonymous police officer based in the Harris-Galveston county area.

When and if the police officers find marijuana in the car and/or in someone’s possession there is still a process they must go through in Harris county. They must call the DA’s office to make sure the suspect is eligible for the program. After that, the officer still has to sign documents for the stop.

Kim Ogg made a statement during her Feb. 16 press conference about the Misdemeanor Marijuana Diversion Program. She informed the public that what she is doing is completely legal and is within her right to do so as a DA.

“We are simply doing something that is within the lawful discretion of every DA in the country, which is to pre-charge, divert all people in possession of misdemeanor amounts of marijuana as long as they are eligible for the program,” Ogg said.