Houston voters approved Proposition A, directing the Houston Police Department to make low-level marijuana possession its lowest possible enforcement priority. But as the city moves toward implementing the measure, questions remain about what that means for officers and people who possess marijuana.<\/p>\n
The Houston Police Officers\u2019 Union says officers have not received guidance on how to apply the new policy. Meanwhile, the Harris County District Attorney\u2019s Office says its approach has not changed and that it has issued no additional guidance.<\/p>\n
Marijuana possession remains illegal under Texas law. Proposition A does not legalize cannabis, but it establishes a new enforcement priority for HPD.<\/p>\n
Police union says officers need direction<\/p>\n
Ray Hunt, executive director of the Houston Police Officers\u2019 Union, says officers were not involved in drafting the measure and still do not know exactly how they are expected to enforce it.<\/p>\n
Hunt says officers currently contact the Harris County District Attorney\u2019s Office when they encounter a potential state-law violation. Prosecutors then determine whether to accept charges or refer someone to a diversion program.<\/p>\n
\u201cYou\u2019re talking about a state law violation. It\u2019s not an ordinance. The city of Houston can\u2019t change state law,\u201d Hunt said.<\/p>\n
Hunt says officers will continue following that process until they receive further direction.<\/p>\n
He believes clarification needs to come from the district attorney or the Texas attorney general.<\/p>\n
Hunt also questioned what it means for marijuana possession to become HPD\u2019s \u201clowest possible enforcement priority,\u201d saying the measure does not clearly explain whether officers should respond to complaints, detain someone or simply move on.<\/p>\n
DA says marijuana charges make up a small percentage of cases<\/p>\n
The Harris County District Attorney\u2019s Office says its approach to marijuana possession has not changed since its previous response to questions about Proposition A.<\/p>\n
In a statement to KPRC 2, the office said it has not issued additional guidance and continues to urge the Texas Legislature to clarify cannabis laws during the next legislative session.<\/p>\n
The office also says District Attorney Sean Teare has expanded the number of people eligible for the county\u2019s marijuana diversion program.<\/p>\n
According to the DA\u2019s Office, marijuana possession accounts for just 0.021% of the misdemeanor charges it currently accepts.<\/p>\n
The office says its approach is working, with the jail population continuing to decrease as prosecutors focus limited resources on violent offenders, drug traffickers and organized crime rather than first-time, nonviolent drug offenders.<\/p>\n
The DA\u2019s Office is encouraging law enforcement agencies to use its diversion program and provide eligible people with information about how they can avoid entering the criminal justice system.<\/p>\n
It also acknowledged that state cannabis laws continue to create confusion for both law enforcement and residents.<\/p>\n
What does Proposition A mean for residents?<\/p>\n