Houston police officers have arrested about 440 people per year for misdemeanor marijuana possession under Mayor John Whitmire, up from an annual average of about 35 from 2021 through 2023, according to Houston Police Department data obtained by Houston Public Media.[1] In Texas, possession of up to 4 ounces of marijuana carries up to a year in jail and a fine of as much as $4,000.[1] Department data showed Black people comprised about 74% of marijuana-related arrests over the past five years, while U.S. Census Bureau estimates put Houston’s Black population at less than 23% as of 2025.[1]

The figures were published two months before voters could instruct the Houston Police Department to make misdemeanor marijuana possession its lowest possible enforcement priority.[1] Ground Game Texas, the advocacy group behind the ballot measure, qualified it for the November ballot with over 40,000 signatures.[2] Its executive director Catina Voellinger said the spike makes the case even stronger for the policy.[2] Whitmire said in August that low-level marijuana had not been a priority for a long time.[1] The police union president questioned the data as a possible reporting issue in how arrests are reported.[1] The mayor’s office did not respond to requests for comment on the data.[1]

The Harris County District Attorney’s Office, which prosecutes crimes in Houston, operates a program in which officers can choose to divert people from jail into 90-day community supervision and a 4-hour cognitive class.[1] A spokesperson for that office called it a robust marijuana diversion program focused on drug trafficking and organized crime.[1]