New policy to decriminalize marijuana in Harris County will save time, money, DA’s office says

Marijuana reform activist from the Houston NORML group Carlos Calbillo, center, takes a picture of Harris County district attorney Kim Ogg, left, after she announced a new policy to decriminalize low-level possession of marijuana Thursday, Feb. 16, 2017 in Houston. The new policy means that most 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. less Marijuana reform activist from the Houston NORML group Carlos Calbillo, center, takes a picture of Harris County district attorney Kim Ogg, left, after she announced a new policy to decriminalize low-level ... more Photo: Michael Ciaglo, Houston Chronicle Photo: Michael Ciaglo, Houston Chronicle Image 1 of / 24 Caption Close New policy to decriminalize marijuana in Harris County will save time, money, DA’s office says 1 / 24 Back to Gallery

Houston and Harris County are poised to decriminalize low-level possession of marijuana in a sweeping move that puts the area at the forefront of efforts in Texas to halt minor drug arrests that clog jails and courts.

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.

SWIFT RESPONSE: Reaction strong from both sides on DA's plan to decriminalize small amounts of marijuana

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.

"We have spent in excess of $250 million, over a quarter-billion dollars, prosecuting a crime that has produced no tangible evidence of improved public safety," she said. "We have disqualified, unnecessarily, thousands of people from greater job, housing and educational opportunities by giving them a criminal record for what is, in effect, a minor law violation."

Officials have said it could divert an estimated 12,000 people a year out of the criminal justice system and would save officers hours of processing time now spent on low-level cases. More than 107,000 cases of misdemeanor marijuana cases have been handled in the past 10 years, officials said.

CRITICISM: Ogg under fire for new marijuana plant

Since there is no arrest, there is no arrest record. Since there is no court date, there are no court documents connected to the encounter. The plan calls for officers to seize the marijuana and drop it off at a police station at the end of their shift, along with a record of the encounter in case the suspect does not take the class.

"You do not get charged with anything," Assistant District Attorney David Mitcham, who heads the DA's trial bureau, said Wednesday. "You have a pathway where you can avoid going to court."

TOUGH LESSON: Texas cop lets teen do 200 pushups instead of arrest of marijuana

Every Harris County law enforcement agency would be affected, since they rely on the district attorney's office to prosecute their cases.

We're finding better more cost-efficient ways to address drug misdemeanors that benefit community, offenders while maintaining #publicsafety pic.twitter.com/RGAUPbpBqt — Sylvester Turner (@SylvesterTurner) February 16, 2017

Ogg, a Democrat who beat incumbent Republican District Attorney Devon Anderson in the November general election, campaigned as a reform candidate who pledged to reduce arrests for low-level drug offenses.

Reaction to the proposal was swift, coming even before details of the program were officially unveiled. Montgomery County District Attorney Brett Ligon sharply criticized the proposal, saying Ogg was trying to legalize marijuana.

JOINT VENTURE: Marijuana business driving merger of two Texas companies

"Unlike Harris County, Montgomery County will not become a sanctuary for dope smokers," Ligon said in a press release. "I swore an oath to follow the law – all the laws, as written by the Texas Legislature. I don't get to pick and choose which laws I enforce."

The Houston chapter of the National Organization for the Reform of Marijuana Laws, praised the program.

"Law enforcement should focus on protecting our communities instead of wasting their resources arresting people and ruining their lives over a misdemeanor amount of cannabis," the organization said in a press release. "Our DA is taking a brave course of action to minimize the detrimental affect that prohibition has on our communities."

At the sheriff's office, the new policy will save up to 12 hours of processing time per month for as many as 1,000 suspects, a move that will ease the workload on administrators and jailers who transfer and process inmates, officials said.

"We're really encouraged by these swift actions by the district attorney," said sheriff's spokesman Ryan Sullivan. "And we are looking forward to working with Harris County's criminal justice leadership identifying common-sense solutions to our broken criminal justice system."

STRANGE FRUIT: The ingenious ways smugglers disguise drugs in food

Sullivan said the move would likely not affect the jail population significantly, since most misdemeanor marijuana offenders move quickly in and out of jail. On Wednesday, just 12 people were jailed on misdemeanor marijuana offenses and unable to make bail, he said.

Elected district attorneys are given wide latitude in their discretion about how to enforce laws in their jurisdictions. Diversion programs, such as drug courts, have been widely used across Texas, and Austin has launched a "cite and release" program in which low-level drug offenders are given tickets and required to appear in court.

Under the new local program, police would identify a suspect to make sure they do not have warrants or other legal issues, then would offer them the option of taking the drug education class. If the suspect takes the class, the drugs are destroyed and the agreement is filed away.

LESS PENALTIES: Texas legislators file bills aimed at decriminalizing marijuana

A suspect would be able to take the class over and over again regardless of past criminal history, officials said.

The new program will keep police on the streets longer each day and reduce costs for lab testing of the drugs, Mitcham said.

If the suspect does not take the class, the contraband will be tested, and prosecutors will file charges and issue an arrest warrant. Offenders could then face up to one year in jail if convicted of the Class A misdemeanor.

In the past, police union officials have supported marijuana diversion programs as long as officers are allowed to drop evidence at police stations, instead of having to take it downtown.

BUSTED: The biggest and craziest drug busts along the border

Shortly after taking HPD's top post in December, Acevedo — who previously was chief in Austin – voiced similar sentiments about low-level drug cases, saying police should go after drug dealers rather than users. He could not be reached for comment Wednesday.

"For those that are involved in the violence of the drug trade, that's who I want to focus on," he said in December. "I want to focus on the people that are the big movers and shakers that are poisoning young people."

Mitcham, who is one of Ogg's top lieutenants, agreed.

"We don't want people to go through an arrest, and all that entails, over simple possession of marijuana," he said. "We don't want the cops spending the hours it takes to book somebody into jail while the burglars conduct their business because there's no cop on the beat."

Ogg, who lost the 2014 election for DA before unseating Anderson last year, has long campaigned on a diversion initiative.

Part of Ogg's platform was adopted by Anderson, who created a diversion program in 2014. Under Anderson's plan, only first offenders were eligible to take the diversion program and could take it only once.

Under that plan, they were arrested, jailed, had to arrange bail and come to court to apply for a year-long probation.