Being threatened with drug charges can be frightening, especially if you’re a student. A conviction can threaten you with fines or jail time, and a criminal record can disrupt your professional career before it even gets off the ground. But there’s good news when it comes to marijuana offenses. Much of the state, and Harris County in particular, has taken a more relaxed approached to these low level crimes. This means that you might be able to get off easier than you think for minor marijuana offenses.
Harris County’s Misdemeanor Marijuana Diversion Program
The Misdemeanor Marijuana Diversion Program (MMDP) is a structured program that provides individuals facing misdemeanor marijuana possession charges with an opportunity to avoid criminal prosecution. By offering education and support, it aims to reduce the burden on the criminal justice system.
Eligibility criteria
Participants must be 17 or older with proper identification and can only be charged with possession of marijuana weighing less than or equal to 4 ounces. The offense must not occur in “Drug Free Zones” or correctional facilities, and participants should have no other charges besides Class C misdemeanors and no outstanding warrants, except for Class C misdemeanors. They should not be out on bond, have a deferred adjudication, or be on probation for any higher offenses.
Disqualifications
Individuals are ineligible if they intend to deliver marijuana, are already in the MMDP, possess marijuana in restricted areas, or illegally possess a handgun alongside marijuana.
Program procedures
Law enforcement checks eligibility and offers participation through a notice form. Participants must complete a 4-hour cognitive class, pay a $150 fee (which may be reduced or waived), and adhere to legal conduct—non-participation results in formal charges and detention. Exceptions for filing charges require supervisory and prosecutorial approval.
The MMDP emphasizes education and behavioral change, focusing on rehabilitation over incarceration.
Understanding pretrial diversions
Deferred adjudication probation closely resembles standard probation, with one key difference: deferred adjudication occurs without a conviction, while standard probation serves as a consequence of a conviction.
Despite this distinction, both types of probation share many similarities. They generally require individuals to regularly meet with a supervision officer, during which they must pay fees and provide updates. Probationers may also need to maintain stable employment, undergo random drug testing, and avoid legal issues.
Failing to adhere to these conditions can lead to probation revocation. For standard probation, this entails serving the initial jail sentence. In the case of deferred adjudication, the judge may impose a conviction and determine a penalty based on the original charge.
The benefits of diversion programs
Diversion programs, such as the MMDP, offer significant advantages by allowing individuals to avoid criminal convictions, thereby reducing recidivism and promoting rehabilitation. Research, particularly from Texas, indicates that diversion for first-time felony defendants leads to a substantial decrease in future offenses and improved employment prospects.
Notably, a study by Mueller-Smith and Schnepel revealed a 75% reduction in subsequent convictions and a 50% increase in employment rates among participants over a decade. These programs conserve legal resources, provide supportive services, and mitigate the long-term stigma of a conviction.
Additionally, they offer a proactive approach to criminal justice reform, emphasizing education and positive behavioral change. The success of Texas’s deferred adjudication model suggests it could serve as a valuable blueprint for expanding diversion efforts nationwide, especially for those at the critical juncture of their first felony charge.
Know your legal options
If you’re facing marijuana charges, then you need to know your legal options. You shouldn’t let such a minor offense upend your life, especially at such a young age. That’s why you need to be prepared to aggressively fight to protect your interests, even if you don’t qualify for a diversion program. If you’d like to learn more about your criminal defense options, contact my firm today to arrange a consultation.