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Marijuana Diversion Program


Misdemeanor Marijuana Diversion Program (MMDP)

The Harris County District Attorney’s Office (HCDAO) is committed to enforcing the law while ensuring that our prosecutorial resources are used effectively. We prioritize cases involving drug trafficking, organized crime, and violent offenses, and we seek alternatives to incarceration when appropriate for non‑violent offenses, including marijuana possession.

The Misdemeanor Marijuana Diversion Program (“MMDP”) is a pre-charge, collaborative effort between the HCDAO and local law enforcement to prioritize resources toward the prosecution of Offenders who pose threats to public safety. 

Qualified MMDP participants are offered an opportunity to avoid the criminal justice system, diverting them from arrest and court appearances. However, with this opportunity comes accountability. Offenders are required to meet eligibility standards and complete an online education program. 

Offenders who successfully complete the MMDP will not have a record of an arrest or charge for Possession of Marijuana. Offenders who do not complete the program’s requirements, or choose not to participate in the MMDP altogether, face traditional arrest and charging procedures.


Who is eligible for the MMDP? 

 An Offender IS ELIGIBLE to participate in the MMDP if he or she:

  1. Is an adult, age 17 or older;
  2. Is detained or arrested for possession of marijuana (Class A & B);
  3. Possesses sufficient identifying information at the time of detention or arrest according to the intervening law enforcement agency’s policy;
  4. Has no additional criminal charges arising out of the instant detention or arrest other than Class C misdemeanor offenses; and,

Who is NOT Eligible for the MMDP?

 An Offender IS NOT ELIGIBLE to participate in the MMDP program if he or she:

  1. Is on a felony deferred adjudication or probation in any jurisdiction;
  2. Is on a Harris County bond in an existing case, or is on a Harris County misdemeanor deferred or probation;
  3. Is in possession of a concealed handgun and marijuana;
  4. Possesses a misdemeanor amount of marijuana in a corrections facility; or
  5. Is currently participating in the MMDP but has not yet completed the program’s requirements.

Individuals offered participation in the MMDP are required to complete this form to enroll.