HOUSTON 8: “Trace Amounts of Cocaine – A Misdemeanor?”

As of January 1st, 2010, the Harris County District Attorneys office no longer prosecutes drug possession cases, when the controlled substance in question is less than .01 grams. Instead, those individuals found with trace amounts of controlled substances may now only receive a Class C Misdemeanor, equal to a traffic ticket, carrying a maximum fine of 0. This decision primarily deals with residue found on crack-pipes and other drug paraphernalia. Some feel it is about time the City of Houston and Harris County join other major Texas jurisdictions that already have similar policies in place – freeing up resources to go after more violent and complex offenses, and attempting to ease jail overcrowding. Others worry that when the court system is overburdened, instead of dealing with the crimes, we are just reducing the punishment; that this policy limits the number of tools available to law enforcement agents for crime prevention; and that this will allow criminals to remain free to participate in other illegal activities including robbery and prostitution? Bottom Line: Should trace drug discoveries be treated the same as any other illegal drug find, or should we set different criteria for different amounts? Guests: Jim Leitner, First Assistant, Harris County District Attorneys Office; Judge Mike McSpadden, 209th District Court; and Acting Chief of Police Charles McClelland, Houston Police Department original broadcast date February 5, 2010. www.houstonpbs.org
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