New Harris County Marijuana Possession Laws

Earlier this year, Harris County enacted a new policy for people caught with misdemeanor amounts of marijuana. The new policy—known as the Misdemeanor Marijuana Diversion Program—redirects all misdemeanor marijuana cases out of the criminal justice system and into a decision-making class.

So what does this mean? If you’re involved in a drug stop and found with less than 4 ounces of marijuana, the law enforcement officer will present you with a form in which you agree to take a “cognitive decision making class.” You must then complete the class within 90 days of the incident.

In other words: You will NOT be arrested, you will NOT need a lawyer, and you will NOT go to court. As long as you complete the four-hour course, you will walk away from the incident with no criminal record.

This new policy does have its exceptions, however.  When you’re caught with absolutely any usable amount of marijuana, you will still be charged with possession if:

You fail to complete the course within 90 days

The course is extremely convenient and only requires four hours of your time. There’s almost no excuse for not completing it.

You’re currently on probation

No, this policy doesn’t change the terms of your probation.

You’re stopped in a drug-free zone (such as a school)

If you’re caught with marijuana in a drug-free zone, then you will still be charged with possession.

You’re stopped with a deadly weapon

If you’re in possession of a deadly weapon (knife, gun, etc.) when stopped, then you cannot participate in the Misdemeanor Marijuana Diversion Program.

Also keep in mind that this new policy only applies to Harris County. If you’re caught with marijuana in any of the surrounding counties, then you will be subjected to the usual penalties under Texas state law.

If you’ve been charged with a drug crime in Harris County, then time is of the essence. Contact us today for a free consultation and receive tailored advice for your specific case.