- Posted by Krystin Collins
- On July 24, 2018
The Misdemeanor Marijuana Diversion Program is a program initiated by Harris County that allows offenders that are caught with misdemeanor amounts of marijuana to avoid going to jail and court by taking a cognitive decision making class.
Although this program is in place to help offenders caught with marijuana, if you are in possession of a weapon at the time you are caught with marijuana you will be charged with unlawful carrying of a weapon. You can be charged with unlawful carrying of a weapon even if the weapon was legally purchased and registered in your name.
According to the Texas Penal Code Section 46.02:
A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person’s control at any time in which the person is engaged in criminal activity, other than a Class C misdemeanor.
Even though the possession of marijuana punishment has changed in Harris County, the crime of possession of marijuana is still a classified as at least a Class B misdemeanor. Therefore if you are caught with marijuana, possessing a handgun will still cause you to be arrested.
If you have been charged with unlawful carrying of a weapon, consult with an attorney to get a better understanding of your rights and the law.