Misdemeanor marijuana arrests in Houston have increased dramatically under Mayor John Whitmire, with police making about 440 arrests per year compared with an annual average of roughly 35 from 2021 through 2023, according to data obtained by Houston Public Media (HPM) through a public records request.
The figures, first reported Friday by HPM, come less than two months before Houston voters are scheduled to consider a ballot measure directing the Houston Police Department (HPD) to make misdemeanor marijuana possession its lowest possible enforcement priority.
The Houston Freedom Act, backed by Ground Game Texas, qualified for the November 3 ballot after supporters submitted about 40,000 signatures. The proposal specifically calls for enforcement of Class A and Class B misdemeanor marijuana possession to be treated as HPD’s “lowest possible enforcement priority.”
Whitmire said in August that the measure was unnecessary, arguing that low-level marijuana offenses had not been a police priority “in, quite frankly, a long time.” Houston Public Media’s newly obtained arrest figures show a substantial increase during his administration compared with the three preceding years. The mayor’s office did not respond to the outlet’s request for comment on the data.
Houston Police Officers’ Union President Douglas Griffith questioned whether the increase could stem from how arrests are reported, despite the figures being supplied by HPD. Houston Public Media reported that an HPD spokesperson did not respond to questions about the apparent increase.
Under Texas law, possession of two ounces or less of marijuana is a Class B misdemeanor, while possession of more than two ounces but no more than four ounces is a Class A misdemeanor.
Houston is also covered by a Harris County diversion program that allows officers in eligible cases to divert people accused of misdemeanor marijuana possession away from jail and into supervision and a cognitive education class.
The arrest data obtained by Houston Public Media also showed a significant racial disparity. Black people accounted for approximately 72% of marijuana-related arrests in Houston during the past five years, according to the outlet’s analysis. By comparison, U.S. Census Bureau estimates show Black residents make up 22.7% of Houston’s population.
If approved in November, the Houston Freedom Act would not legalize marijuana or change Texas possession laws. Instead, it would direct Houston police to place misdemeanor marijuana enforcement at the lowest level of its enforcement priorities and support the use of diversion alternatives where legally allowed.
