Beginning Dec. 1, getting caught with marijuana in Dallas may not mean a trip to jail.

That's when Dallas County's new "cite and release" program will allow officers to issue a court summons to someone who has less than 4 ounces of marijuana.

So far, Dallas is the only city in the county that will participate in the program, which county commissioners approved in October. Other Texas cities, including Houston, San Antonio and Austin, have similar programs.

Permitted by a 2007 state law, the program won't spare people with marijuana from legal consequences.

To help explain what's changing — and what's not — Dallas County District Attorney Faith Johnson moderated a November forum with Sheriff Lupe Valdez and Dallas Assistant Police Chief Gary Tittle.

Faith Johnson moderated a forum with Sheriff Lupe Valdez and Dallas Assistant Police Chief Gary Tittle. (Nathan Hunsinger / Staff Photographer)

Cite and release does not decriminalize marijuana.

Although "cite and release" may sound as though a person risks only a citation, much like a traffic ticket, that's not the case. The program is designed to free up officers to focus on violent crimes and spare people accused of marijuana possession a night in jail.

But the accused person still has to show up in court and may face jail time for a conviction.

It's up to police to decide whether to take a person to jail for possessing less than 4 ounces of marijuana. People who have outstanding warrants or are violating probation by having illegal drugs will still be arrested.

Police will fingerprint suspects and give them court summonses. Fingerprints will be taken again in court to confirm that people didn't give officers fake names.

The program streamlines what can be a lengthy jail book-in process for officers and prevents people from facing the immediate hardship of arrest.

"We don't want your car to be towed. We don't want you to lose your job," Johnson said. "We'll at least cite you and release you. We'll give you that."

People caught outside Dallas could still go to jail.

Because Dallas is the only city participating in the county's program, people caught in other cities can still be arrested and taken to jail.

Dallas County Commissioner John Wiley Price voted against the cite-and-release program because he said it was unfair to people with marijuana outside of Dallas.

To counter that, people taken to the Dallas County jail for misdemeanor marijuana possession will be released on a personal recognizance bond. That means they won't have to post a monetary bail and will be required to appear for all court dates.

Johnson said she is talking to law enforcement officials in other cities about allowing personal recognizance bonds for suspects who are taken to a city jail instead of the county jail. That way, someone at a city jail won't be treated more harshly.

The district attorney's office will offer a treatment program to avoid jail time.

Johnson said her office plans to offer a two-month program to anyone charged with misdemeanor marijuana possession. The charges will be dismissed for suspects who follow the program.

The program isn't available only to people who are cited and released, Johnson said.

"Everyone will still get the same treatment when they're prosecuted," she said.

The diversion program will require defendants to take 15 hours of treatment classes and complete a community project. The fee to participate is $620 but can be waived for people who are indigent.

"We want to be able to help you," Johnson said.