Houston: Diversion Without Decriminalization

Last verified: April 2026

The Misdemeanor Marijuana Diversion Program

On March 1, 2017, Harris County DA Kim Ogg launched the Misdemeanor Marijuana Diversion Program (MMDP) — fundamentally changing how the nation’s third-largest county handles cannabis possession. Under the program, all misdemeanor marijuana cases (up to 4 ounces) are diverted away from the criminal justice system entirely.

Here is how it works: instead of being arrested, booked, and charged, individuals caught with misdemeanor amounts of marijuana are offered immediate diversion. They pay a $150 fee and complete a four-hour “Cognitive Decision Making” class. Upon completion, there is no arrest, no booking, no criminal charge, and no criminal record. The person walks away as if the encounter never happened.

The results have been striking:

• Marijuana convictions dropped 80% in the program’s first years
• More than 9,000 individuals were diverted in the first two years alone
• Harris County saved an estimated $35+ million in jail, court, and prosecution costs
• Racial disparities in marijuana prosecution decreased, though they did not disappear entirely

The diversion program has saved Harris County more than $35 million in criminal justice costs while preventing thousands of residents from receiving permanent criminal records for low-level marijuana possession.

Harris County District Attorney's Office, MMDP Report

Continuity Under New Leadership

When DA Sean Teare took office in January 2025, one of the first questions from reform advocates was whether the MMDP would survive the leadership transition. Teare, who had served as chief of the DA’s vehicular crimes division under Ogg, confirmed that the diversion program would continue. The MMDP’s survival across DA transitions demonstrates that pragmatic criminal justice reform can outlast the officials who create it — a meaningful signal for other Texas counties considering similar approaches.

What the Program Does Not Cover

The MMDP applies only to misdemeanor marijuana flower possession (under 4 oz). It does not cover:

• THC concentrates or edibles — classified under Penalty Group 2 as felonies at any amount
• Distribution or delivery — any sale or gift remains a criminal offense
• Possession over 4 ounces — which becomes a state jail felony or higher
• Federal law — areas under federal jurisdiction (federal buildings, George Bush Intercontinental Airport beyond security) remain subject to federal enforcement

Energy Sector and Workplace Testing

Houston’s identity as the energy capital of the world shapes its cannabis culture in ways unique among Texas cities. The oil and gas industry maintains extensive drug testing programs, particularly for workers in upstream operations, offshore platforms, and refinery environments. Federal DOT regulations require testing for all safety-sensitive positions, and most energy companies extend zero-tolerance policies to all employees regardless of role.

This creates a workforce dynamic where even residents who benefit from the MMDP’s criminal justice protections face career consequences for cannabis use. A marijuana arrest that produces no criminal record can still trigger a positive drug test result that ends a career. Houston’s cannabis culture is quieter and more cautious than Austin’s partly because of this economic reality.

Texas Medical Center and Research Potential

The Texas Medical Center (TMC) in Houston is the largest medical complex in the world — 60+ institutions, 106,000 employees, and 10 million patient encounters annually. While TMC institutions do not currently conduct cannabis-specific clinical research at scale, the infrastructure represents enormous potential for future cannabis medicine research as federal restrictions continue to ease.

Baylor College of Medicine, MD Anderson Cancer Center, and the UTHealth Houston system all have the capacity to lead clinical trials on cannabinoid therapies if regulatory barriers are reduced. Houston’s medical research infrastructure could make it a national center for cannabis science — but that future depends on both federal rescheduling and state legislative action.

TCUP Access

Harris County’s 4.7 million residents access TCUP medical cannabis through the same limited system as the rest of Texas. goodblend, Texas Original, and Fluent (formerly Knox Medical) serve the Houston area through delivery and limited in-person access. As new dispensary licenses from the HB 46 expansion become operational, Houston — as the state’s largest metro — is expected to gain additional dispensary locations.

The Bottom Line

Houston demonstrates that meaningful cannabis reform does not require voter-approved decriminalization. The MMDP has functionally eliminated criminal records for low-level marijuana possession in the nation’s third-largest county, survived a DA transition, and saved tens of millions of dollars. It is a pragmatic, technocratic solution — very Houston. But it remains a prosecutorial policy, not a law, and it does nothing for the thousands of Houstonians in the energy sector who face career consequences for cannabis use regardless of criminal justice reform.