New DA Says No Jail Time for Misdemeanor Marijuana Possession

In Harris County, Texas, as new District Attorney Kim Ogg took her oath, she pledged not to send people to jail for misdemeanor marijuana possession. Misdemeanor possession means an amount suitable for personal use only. But, if you’re caught with a large amount you’ll still face jail time.

From the podium during her swearing-in, Ogg said, “All misdemeanor possession of marijuana cases will be diverted around jail,” according to CW 39 News. Her words mean nothing until it’s signed into law though.

You might have a small amount that would be deemed as personal use, but if it’s packaged in multiple, smaller packages that might end up being an “intent to distribute” charge. Legislation is not in progress yet, but Ogg plans to bring it up very soon.

Ogg said, “I’m going to look at our legislature to take another look at the drug laws and the penalties that are imposed under Texas law. As long as it’s the law, I’ll follow it. But our office is going to use the discretion that the legislature gave us to handle marijuana cases differently.”

Several bills are pending to attempt to relax some of Texas’ marijuana laws.