On March 1, Harris County District Attorney Kim Ogg decriminalized marijuana by instituting the new Misdemeanor Marijuana Diversion Program. This decision in Harris County, which includes the city of Houston, affects more than 4.5 million Texans. As a result, possession of less than 4 ounces of marijuana is now punishable by up to $150, required attendance of a “decision making” class, and no criminal record.
With so many Sheriffs Associations and prosecutors traditionally advocate for maintaining marijuana prohibition, even lobbying our legislators with our tax dollars in order to cash in on asset forfeitures, what happened in Harris County marks a real tipping point for ending prohibition in the state of Texas and reveals a growing organization within law enforcement that wants to correct currently ineffective marijuana policy by deprioritizing arrests for simple possession.
Harris County courts and jails were long overwhelmed by arrests and prosecutions for small marijuana possessions. According to internal data provided from the Harris County District Attorney’s office, the cost of enforcing marijuana prohibition in Harris County tax dollars prior to decriminalization (including court fees, indigent defense, DA fees, jail costs, crime labs and labor costs from local police) were estimated at $26,663,800 annually.
To put that amount of money into perspective, that’s more than enough money for the city of Houston to build a new high school or a 17-bed medical facility every year. Another way to look at it is that these freed up resources can now give prosecutors and police the ability and time required to test the backlog of rape kit evidence and investigate unsolved violent crimes in Harris County. What a concept! Instead of confiscating assets and ruining the lives of nonviolent citizens, we can prosecute the violent criminals that law enforcement are sworn to protect us from.
These estimates don’t include the tax dollars or collateral damage that marijuana prohibition on families including separation from loved ones, lost income from jailed parents or the emotional toll time spent in state custody can have on children. Even for Harris County, these remain real threats under state and federal law.
But after Ogg’s March 1st decision in Harris County, something changed. It was a change that could be felt in the halls of the Texas state capitol. During the Committee hearing on HB81 to decriminalize marijuana in Texas on March 13th, unlike any previous marijuana bill, not a single Sheriff’s Association came to testify against the bill; just one lonely prosecutor from Odessa. By contrast, the halls of the Texas State Capitol filled with members of the Law Enforcement Action Partnership, friendly state Congressman like Rep. Joe Moody (D-El Paso) and Jason Isaac (R-Dripping Springs), Executive Director Jax Finkle of Texas NORML, and Heather Fazio of Texans for Responsible Marijuana Policy all lobbying on our behalf to get HB 81 and SB 170 into committee.
However, as Bob Sechler from the Austin American Statesman recently reported, “Still, some law enforcement representatives are dubious, saying among other things that low-volume pot possession can provide police with probable cause to investigate bigger crimes, and that there currently isn’t a good, on-the-spot test to determine if a driver is under the influence of marijuana.”
These tired, unjust arguments are coming from Kevin Lawrence, executive director of the Texas Municipal Police Association. Lawmakers will have to take into consideration that in both studies to detect impairment from marijuana in drivers from the National Highway and Traffic Safety Administration study in Washington State in 2014 where they failed to detect significant impairment in drivers much less determine when they had consumed marijuana, stating “we were not able to determine whether people were impaired at the time of participation.”
The other argument made by Lawrence, that “low-volume pot possession can provide police with probable cause to investigate bigger crimes,” is evidence of a different addiction: an addiction distinct to law enforcement for asset forfeitures. When an informant remains planted on a suspect for decades after a plethora of evidence to close the case, or when law enforcement stops only the cars going south with cash and not the ones going north with drugs, we have what can only be described as an asset forfeiture epidemic lead by the Controlled Substances Act of 1970. Lawrence doesn’t even take into consideration if the detection of marijuana is either a violent or dangerous threat to roadway safety, admitting his worry is he can’t determine if someone is impaired. (Hint: a good indication the driver is not impaired). By that logic, Lawrence implies he is satisfied with the casualties, tax expenses and arrests of nonviolent citizens whose only offense is possession of marijuana, so long as a portion of those arrested lead to “serious” crimes (or asset forfeitures). This erroneous argument is so preposterous he doesn’t appear to realize he is admitting that encountering someone who has consumed marijuana is relatively safe.
So let’s look at the financial motivations of law enforcement that remain loyal to marijuana prohibition. On the other side of Texas from Harris County, on the I-10 corridor near El Paso, federal grants used to be the major motivator for marijuana possession arrests by a self-proclaimed “Boss Hog” in Hudspeth County, where to fill a federal quota the Sheriff infamously arrested Willie Nelson and even Snoop Dog on road tours for possession. Those funds were more bureaucratic in that the grants kept the Sheriff and private jail facilities employed, but the profit motives were parasitic. The Obama administration tried to do away with private prison contracts but Trump and Sessions are bringing them back.
But what about those civil asset forfeitures? Sheriff’s Associations or prosecutors using our tax dollars to lobby for asset forfeitures are more sinister in that not all the money seized gets accurately reported, and since property and money are seized without due process, victims find it difficult and expensive to go to court dockets titled “The State of Texas vs. $10,000,” only to find in some instances a prosecutor instead of a judge in court.
However, looking at the DOJ’s Asset Forfeiture Program Annual report for 2012, the local money being reported as seized just doesn’t add up to the cost of incarcerating so many non-violent people in possession of marijuana. Harris County reported: $1,387,430 in seized assets, more than most other Texas counties. But we would have to add up the entire state total of $31,520,522 in local asset forfeitures before we can get passed the $26,663,800 in annual costs for prosecuting and jailing minor marijuana possessions in just Harris County alone. Federal agencies target all the big asset seizures but according to this inspector general’s report, what gets accurately reported of that money causes more corrupt internal fighting and competition between federal agencies than any shared resources with local law enforcement.
In short, for local jurisdictions, decriminalizing marijuana makes plain economic sense. And for districts with law enforcement overwhelmed and under budget decriminalization may be the only logical choice to keep up with the payroll.
What do we do as activists? We can pay attention to candidates for District Attorney and Sheriff to vet them on marijuana policy so we can take local action to decriminalize. (After they become Sheriff? Just say “Am I being arrested?” and make sure you know what a Motion to Suppress Evidence is: example here)
But the real people we need to contact to make effective improvement in marijuana policy is not the President, the DA, a cop or anyone in the executive branch: It’s our state and local Congressman in the legislative branch. And this is the right website to do so.
Texas resident? Take Action:
HB 81 and SB 170 to decriminalize marijuana is pending in their respective chambers. Contact your Texas Representative to support HB 81 and SB 170 by clicking here
Vice Chair Todd Hunter is also the Chair of the Calendar Committee which decides if bills get a floor vote in Texas. Hunter held up a decriminalization bill in 2015 by failing to put the vote on the Calendar. If you live in Chorpus Christi, give Todd Hunter a call and tell him to give HB81 a floor vote!
Also in Texas do not forget to mention SB380 to abolish civil asset forfeiture in the state of Texas.