First offenders could soon get a pass on pot DA candidates wrangle over who should take credit for the plan

District Attorney Devon Anderson announces the 1st Chance Intervention Program for Class B Marijuana possession arrest during a news conference at the Harris County District Attorney Office on Wednesday. District Attorney Devon Anderson announces the 1st Chance Intervention Program for Class B Marijuana possession arrest during a news conference at the Harris County District Attorney Office on Wednesday. Photo: Gary Coronado, Houston Chronicle Photo: Gary Coronado, Houston Chronicle Image 1 of / 33 Caption Close First offenders could soon get a pass on pot 1 / 33 Back to Gallery

A move to decriminalize the possession of small amounts of marijuana emerged Wednesday as a major issue in the contentious race for Harris County District attorney with both candidates claiming ownership of the idea.

At a news conference, Republican Devon Anderson, the incumbent, said that beginning Monday, non-violent first offenders carrying less than 2 ounces of marijuana will be able to escape prosecution by performing eight hours of community service or going through a drug awareness class.

"We are targeting the people we believe are self-correcting and will be 'scared straight' by being handcuffed and transported," Anderson said. "Our goal is to keep these individuals from entering the revolving door of the criminal justice system."

The announcement, a month before Anderson faces Democrat Kim Ogg in November's election for district attorney, brought harangues from the challenger who in August announced her idea for dealing with misdemeanor marijuana possession.

"This is not a new plan," Ogg said. "It's a 'me too' program by a candidate who has shifted her position with the winds of political change."

If elected, Ogg has said, police officers will simply ticket misdemeanor marijuana suspects, even repeat offenders, and require them to spend two days picking up litter around Houston's bayous.

Ogg said her program would save an average of $10 million a year in jail, court and prosecution costs by diverting about 12,000 offenders annually.

Anderson's six-month pilot program is different because it only affects first offenders, about 2,000 people a year, the incumbent said. It also requires police officers to take suspects to a police station, write an offense report and catalog the evidence.

While they may sound similar, the two plans are fundamentally different because of their primary goal. Ogg's plan is an effort to keep police officers on the street to catch more serious criminals. Anderson's plan is a move to get first offenders to stop using the illegal drug before it affects their future.

At a news conference Wednesday, Anderson said she had been working with law enforcement agencies and others for the past year to put together a plan that would work for all stakeholders.

Standing next to Harris County Sheriff Adrian Garcia and Houston Police Chief Charles McClelland, Anderson said the program may later be expanded to include other non-violent drug offenses. Houston's two largest law enforcement agencies are the first to participate in the program.

"This is a chance to understand the mistake and understand the dangers that narcotics and drug use can bring," Garcia said. "But you must heed the warning. If you don't comply with this program, you could find yourself in the Harris County jail."

Beginning next week, non-violent first offenders caught with less than 2 ounces of marijuana, the threshold for a Class B misdemeanor, will still get a ride to a police station where they'll be fingerprinted to confirm their identity and lack of a criminal record.

If they qualify, they will be released and allowed three days to make an appointment with the county agency tasked with monitoring suspects out on bail.

If suspects do not successfully complete the program's requirements, class B misdemeanor charges will be filed and an arrest warrant will be issued, Anderson said. If convicted, suspects face a maximum of six months in jail and a $2,000 fine.

Garcia and McClelland said the program would also get officers back to patrol faster.

After fingerprinting suspects, confiscating the potential evidence and creating an offense report, police officers will be able to go back to patrol. Filing formal charges, McClelland said, can take hours longer.

"On many occasions, when my officers spend three or four hours filing these charges, sometimes the offender can post bond almost before the officer returns to patrol duties," HPD's chief said.

Ogg disagreed with the analysis, saying Anderson's plan still requires arresting officers to spend at least three hours processing each case.

"We need every police officer on the beat patrolling neighborhoods, protecting our families and our homes," Ogg said. "(Anderson's) plan totally fails to increase public safety."