Harris County Misdemeanor Marijuana Policy – Do you qualify?
The long awaited change has come to Harris County!
If law enforcement finds you in possession of less than 4 ounces of marijuana, you will now be given the option to take a 4-hour class on cognitive decision making instead of going to jail. The class costs $150.
The marijuana will be seized and logged into evidence, and if you do not complete the class, the charges will be filed as usual.
LIMITATIONS to this new policy that YOU SHOULD KNOW
Some important things to know about this program:
- It only applies to people found with Marijuana in Harris County under four (4) ounces.
- You must be over the age of 17 to qualify for the program
- You must have a state issued ID, on your person that you can present to the police at the time you are detained.
- It only applies to those caught with Marijuana that are not engaged in any other criminal activity. This means if you are being charged with any other offense besides a violation of the transportation code (speeding, etc.) you will STILL be charged with the Marijuana, and the other offense. So if you are charged with DWI, then you will still be charged with the pot too.
- If you are in possession of a firearm without a license, you may still be charged with the possession of marijuana – although there is some ambiguity in the policy in this regard.
- It does not apply to you if you are currently on probation or parole. What this means is that if you are currently on probation for any offense, or you are on parole, and you are found in possession of Marijuana in Harris County, charges will be filed.
- If you are on bond for another criminal offense, you will still be charged with possession of marijuana.
- If there is “sufficient credible evidence” showing you to be engaged in the sale or delivery of marijuana, you will still be charged with the Marijuana. This means if they find you in possession of scales or have your marijuana broken up into multiple baggies, you are very likely to still be charged.
- The policy does not apply to those found in possession of marijuana in a “drug free zone,” like a school.
- The policy does not apply to those found in possession of marijuana in a correctional facility.
- YOU CANNOT BE FOUND IN POSSESSION OF MARIJUANA MORE THAN EVERY 90 DAYS. If you are found in possession of marijuana within this window, you will still be charged with the new possession offense.
So if you are found in possession of Marijuana in Harris County, and meet all of these conditions, you can avoid even having the charges filed! All you have to do is take a drug class within 90-days and they will not even file the charges! How great is that!