Here's an opinion piece arguing that the Harris County District Attorney should use her discretion to restrict how it implements one of the laws on its books. I offer this since it illustrates a point made in the section on counties in the state. While they are administrative units, the actual administration is done by locally elected officials, which means that it is done in a manner that is in sync with local public opinion - or at least the opinion of people who show up at the polls.
- Click here for it.
- Click here for it.
While the state of Texas has not yet reformed its drug laws, many local jurisdictions, frustrated with the lack of results from locking up citizens for nonviolent drug offenses, have begun to exercise discretion in their enforcement of drug laws. In the interest of saving valuable taxpayer dollars and conserving scarce law enforcement resources, these jurisdictions have sought out alternatives to jail that allow them to hold drug users accountable without saddling these individuals, many of them young, with a criminal record.
Increase the initiative now
Harris County is one of these places. Faced with an overcrowded jail and a criminal justice budget that will account for more than 75 percent of the county's total general revenue budget in the next fiscal year, Harris County District Attorney Devon Anderson instituted the First Chance Intervention Program in October of last year. The program allows those arrested for possession of small amounts of marijuana with no criminal record to avoid starting one through cognitive classes or community service. However, because the program targets first-time offenders only, its reach is limited. We argue that the full potential for economic and social improvements cannot be realized with the program in its current form.
The initiative has been effective so far. From its rollout through August 2015, more than 1,800 individuals enrolled in the program, with 85 percent of those enrolled completing the program or still actively participating. The program is reaching a diverse audience, with blacks and Hispanics making up over two-thirds of the program's enrollment - a positive sign since arrest numbers show that blacks and Hispanics are overrepresented for all marijuana arrests relative to their populations. Further, the median age of program participants is 20 years, indicating that the program is furnishing opportunities for young people to avoid a lifetime of consequences that come with a drug conviction. So far the evidence shows that the county's initiative is a promising avenue for reducing the collateral costs that accompany a criminal record and the race and age disparities in drug arrests, all while saving taxpayer money.
Won't endanger public
The success of this pilot program should encourage Harris County to expand eligibility to all marijuana offenders, regardless of past drug arrests, as well as to offenders facing felony charges for possession of less than a gram, or a sugar packet's worth, of other controlled substances. The problems associated with misdemeanor marijuana arrests - high costs, racial disparities and collateral consequences - are only exacerbated in the case of felony drug arrests.
