Travis County District Attorney Margaret Moore is developing new protocols for how felony prosecutors evaluate drug cases involving the smallest amounts of illegal substances such as cocaine or methamphetamine, an effort that could increase the number of dismissals in such cases and referrals to diversion programs.

Moore already has instructed crime labs for the Austin Police Department and the Texas Department of Public Safety to stop testing substances involving the tiniest amounts of drugs because her office will not prosecute those cases, according to a letter sent to those agencies this week.

Moore said Travis County for years has declined to go forward with “trace amount” cases that involve 0.01 grams or less of a drug — often the equivalent of a few particles or residue. The new protocols would expand the practice: Cases in which a margin of error in the weight of the substance could make it slightly more than a trace will also be dismissed now.

“It is a resource issue all the way across the board,” she said. “We are not going to prosecute that case, we are not going to burden the court with it, and now we have also taken the burden off the lab to even test it.”

Crime labs for both Austin police and DPS have struggled with drug testing backlogs.

In addition, Moore said, officials will begin looking in coming weeks at how to handle cases that involve less than a gram, but more than a trace, of a controlled substance to possibly determine criteria for prosecution.

Travis County prosecutors handle about 3,000 felony drug possession cases involving less than a gram — an amount equivalent to a pack of sugar — each year. About 30% to 35% of those cases — most of which officials say involve trace amounts — are dismissed.

The office’s renewed attention on which cases to prosecute is consistent with what some consider a turn away from the “war on drugs” by law enforcement in past decades, as agencies across the state and nation have focused their efforts on dangerous criminals and more direct threats to public safety.

“It seems to be a lot of places have gone that way trying to prioritize resources, particularly lab resources,” said Rob Kepple, director of the Texas District and County Attorneys Association. “Getting things tested has taken a long time, so obviously these things have to be taken into account.”

Harris County District Attorney Kim Ogg said in 2017 she was no longer prosecuting cases involving trace amounts of drugs.

And Dallas County District Attorney John Creuzot, who ran on a criminal justice reform platform, recently announced he will no longer prosecute any drug cases involving less than a gram as part of several new policies, some of which have been met this week with objections from law enforcement.

Moore's changes have not gone so far, but she said she wants to develop a system to work closely with law enforcement and determine which cases dealing with amounts greater than a trace but under a gram merit prosecution.

“We are having those discussions right now, and I’ve also engaged the Austin Police Department in that discussion,” Moore said. “I think it is important that we be able to ensure the public we use their tax dollars as wisely as we possibly can.”

For instance, she said she would like for police and prosecutors to more closely examine cases involving a first-time drug offender with little or no criminal history. Based on what they determine, that case might be dropped, or the person could be sent through a diversion program. Other suspects, including those linked to larger drug cases, could be fully prosecuted depending on the circumstances.

However, all suspects in drug cases, no matter the amount allegedly in their possession, will still be arrested — something criminal justice reform advocates say needs to be examined as well.

Ira Davis, executive director of the Capital Area Private Defender Service, said he is pleased that officials are reviewing how to handle such cases but “remains concerned about the serious and lasting impact arrests have in people’s lives. Reform is only effective if it stops the trauma and expense of unnecessary incarceration.”