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Introduction

In recent years, the United States has experienced a sea change in drug policy. Along with the four states that have legalized recreational use of marijuana (Alaska, Colorado, Oregon, and Washington), many others have relaxed criminal penalties for nonviolent drug possession offenses. The federal government has taken similar steps, with the U.S. Department of Justice moving away from the steep mandatory minimum sentences that arose during the peak of the drug war, and the president himself commuting the sentences of individuals convicted of nonviolent drug offenses.

The wave of drug reform has touched even the most conservative states in the country, including Texas. Though none ultimately would become law, a number of bills introduced during the state’s 2015 legislative session would have reduced or even eliminated the criminal penalties associated with some drug offenses. As reform efforts have continued across Texas, the Harris County District Attorney’s Office implemented its First Chance Intervention Program, which allows a defendant arrested for possession of two ounces or less of marijuana to be diverted from the criminal justice system if the arrest is his or her first offense.

This report reviews the broader issues with current approaches to drug enforcement that have facilitated calls for reform, then demonstrates the need for drug policy reform in Harris County (Houston’s home) prior to implementation of the First Chance Intervention Program (FCIP). Next, the report evaluates the FCIP and suggests ways in which policy outcomes can be improved through the program’s expansion. Finally, the report concludes with a number of recommendations for Harris County going forward.

This material may be quoted or reproduced without prior permission, provided appropriate credit is given to the author and Rice University’s Baker Institute for Public Policy. The views expressed herein are those of the individual author(s), and do not necessarily represent the views of Rice University’s Baker Institute for Public Policy.