Which counties around Houston are enforcing Marijuana Laws? Despite common misconceptions, each county in Texas, whether it’s Ft. Bend or Harris, marijuana is illegal and a misdemeanor charge (or a felony is some cases). Although the District Attorney in each county may choose to enforce the policy in different ways, there’s no dodging this strict Texas law.
To provide context, attorney Shawn McDonald at SMB Criminal Defense Lawyers in Sugar Land explains in this video what you can expect for possession of marijuana by county in the Houston area. If someone in Harris County has possession of under 2 ounces of marijuana, they will be ticketed. A sandwich bag will hold less than 2 ounces of marijuana. In these cases, offenders in Harris County can take a court-appointed drug class and perform community service to have the charge dismissed. Unfortunately, you will deal with an arrest record for a year or two as you wait for your case to be dropped.
Other counties, like Ft. Bend and Brazoria, still prosecute fully with jail time included for any amount of possession. McDonald cited that Ft. Bend is looking into new policy on the court level (not on the scene with law enforcement) to provide leniency for first-time, low level marijuana offenders. Offenders would then be given an opportunity to take a class and perform community service to have the charge expunged.
Although the state of Texas has made strides on the use of hemp, marijuana remains to be a hot ticket that legislatures won’t reduce their stronghold. In Ft. Bend County, any amount of marijuana will result in an arrest. If you are caught with a gallon size bag of marijuana, you are close to exceeding the 4 ounce marker, which is a felony charge in the state of Texas.
Video Transcript:
Interviewer: “So what has changed as far as the enforcement goes in relation to marijuana possession here locally? Fort Bend… and when I’m saying locally, Fort Bend, Houston area, Fort Bend County.”
Shawn McDonald: “Yeah, surrounding counties.”
Interviewer: “Sugar Land and Fort Bend. Houston and Harris County. What’s changed there as far as the enforcement?”
Interviewer 2: “Yeah, my question is so across the state it’s the same law. It’s just a matter of who is enforcing it and which counties aren’t enforcing it.”
Shawn McDonald: “That’s right.”
Interviewer 2: “Ok.”
Shawn McDonald: “And it is kind of the policy of the district attorney for that county and how they want to handle individuals charged with possession of marijuana. So Harris County… the amounts, or I do not know exactly the amounts, I think it is less than two ounces, that they write a ticket.”
Interviewer: “That sounds right.”
Shawn McDonald: “And they tell you to appear in court.”
Interviewer: “Let me ask you this real quick. Just for people… sorry to interrupt, but I… when you say two ounces, I know for sometimes people are just like they can’t wrap their head around what two ounces. What would two ounces look like? Just basically like one joint that somebody has?”
Shawn McDonald: “Yeah that is less than two ounces. You can usually get like a sandwich bag.”
Interviewer: “Ok.”
Shawn McDonald: “It is not stuffed completely full, but most the time in a sandwich bag that is typically less than two ounces.
Interviewer: “Ok. Alright.”
Shawn McDonald: “So if you get a gallon size bag you are kind of pushing four ounces. You know, you are kind of getting in that dangerous territory of getting up to a felony level offense.”
Interviewer: “Ok. Ok. Alright. Sorry. Sorry to interrupt. Go ahead. So you were talking about as far as the enforcement.”
Shawn McDonald: “So Harris County DA’s policy is less than two ounces you write a ticket. And then they have the ability to take a class and the case will be dismissed. That is the only county that I am aware of… surrounding county that does that. Brazoria County still enforces, still arrests. Fort Bend County still enforces and still arrests for any amount of marijuana. So Harris County is the only one that does that. I know Fort Bend County with the change in administration they are going to start implementing a new policy, but it is going to be implemented in court not, as I know it now, not implement it with law enforcement on the scene. Only in court where they given the opportunity. It is a first time, low-level marijuana case, they take a class. A drug class. Do some… maybe some community service and the case gets dismissed.”
Interviewer 2: “So you’re still going to get locked up in Fort Bend even when they enforce that, but in court is when they will lessen the sentence for you?”
Shawn McDonald: “That is correct. So you are going to deal with an arrest record for, you know, a year or two until you get the case dismissed and you get it expunged.”
Disclaimer
*This blog post, “Which counties around Houston are enforcing Marijuana Laws?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.