Patrick blasts Ogg's pot policy, but other lawmakers more supportive

Lt. Gov. Dan Patrick had harsh words for Harris County District Attorney Kim Ogg's plan to decriminalize marijuana. Keep going for more images from the announcement. Lt. Gov. Dan Patrick had harsh words for Harris County District Attorney Kim Ogg's plan to decriminalize marijuana. Keep going for more images from the announcement. Photo: Jay Janner, Associated Press Photo: Jay Janner, Associated Press Image 1 of / 26 Caption Close Patrick blasts Ogg's pot policy, but other lawmakers more supportive 1 / 26 Back to Gallery

AUSTIN -- Harris County officials' move to decriminalize low-level possession of marijuana to unclog jails and courts drew immediate blowback from Lt. Gov. Dan Patrick, while other lawmakers said they support it.

Through a spokesman, Lt. Gov. Dan Patrick blasted Ogg's proposal as akin to Houston becoming a sanctuary city on low-level drug crimes.

"The lieutenant governor has said repeatedly regarding sanctuary cities that he does not believe that law enforcement has the discretion to choose what laws to enforce and what laws to ignore," said Patrick press secretary Alejandro Garcia. "That is his position regarding DA Ogg's proposal."

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The criticism came after District Attorney Kim Ogg announced the new policy Thursday with Mayor Sylvester Turner, Houston Police Chief Art Acevedo and Harris County Sheriff Ed Gonzalez.

The policy, set to begin March 1, means that misdemeanor offenders with less than four ounces of marijuana will not be arrested, ticketed or required to appear in court if they agree to take a four-hour drug-education class, officials said.

Ogg said the county has spent $25 million a year for the past 10 years locking up people for having less than 4 ounces of marijuana. She said those resources would be better spent arresting serious criminals, such as burglars, robbers and rapists.

Gov. Greg Abbott, who in the past has not publicly favored lessening penalties for drug crimes, has no immediate comment. Aides said they were reviewing the new Houston policy and may respond later in the day.

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In June 2015, Abbott signed into law the Texas Compassionate Use Act, allowing the prescription of low-THC cannabis to patients who have been diagnosed with intractable epilepsy.

Sen. John Whitmire, a Houston Democrat who chairs the Senate's criminal justice committee that oversees criminal laws, said he supports the change as 'well thought up and tough.

"I respect the opinions of the law enforcement stakeholders, and think this will allow them to focus their attention on more serious crimes like burglary of vehicles, burglary of homes, drug trafficking and high-level violent crimes," said. "This is not turning us into Colorado. It's just being tough and smart on these lowest-level crimes that can be addressed in other ways besides sending people to jail."

In the House, state Rep. Joe Moody, D-El Paso, who is the author of a pending bill to decriminalize possession of an ounce of marijuana or less, along with related drug paraphernalia, predicted the Harris County initiative could give his bill momentum -- even though Republicans in both chambers say they will fight its passage.

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Instead of taking Texans to jail for possessing small amounts of marijuana, police would instead issue them a civil-penalty citation for $250. They could have that waived if they attended an official drug-education course or perform 10 hours of community service.

Moody is chair of the House Criminal Jurisprudence Committee to which the bill has been assigned.

"What the DA in Harris County is doing is exercising her discretion as allowed under the law," Moody said. "I support that program. It's smart in cases of this type. Her predecessor had a similar policy issue. This is not a partisan issue."

Houston state Sen. Paul Bettencourt, who chair of the Republican Caucus in the GOP-controlled Senate, disagrees. And while the caucus has not taken a vote on Ogg's plan, "I can strongly suggest that the support is there to continue the penalities that are in effect now," he said.

"This issue is absolutely partisan: A Republican DA in Montgomery County says it's wrong and the Democratic DA in Harris County says is right," Bettencourt said. "There's obviously an element in the state that thinks this is a good idea, and an element that does not."

State Rep. Garnet Coleman, D-Houston, who in the past has supported bills allowing an exception for medical marijuana, said he also thinks the new Houston policy makes sense.

"It's appropriate if it's low-level amounts, because arresting everyone and putting everyone in jail just clogs up your jails and courts," he said. "Let's face it: At some point, we're going to legalize marijuana in Texas. It's a business. We can tax it as a business."