The chief of police of Morgan's Point said Wednesday that the small city of 350 people near Galveston Bay is participating with a county-wide misdemeanor marijuana diversion program, although they have not referred anyone.

"We're a small department," said Chief Sherri Ditrich after a Houston Chronicle analysis published Monday showed several jurisdictions, including cities along the bay and educational institutions, had not referred anyone to District Attorney Kim Ogg's signature program since it began in March.

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Ditrich said she had been inundated with questions about whether the department was participating after the story was published. She did not comment before that because she was on medical leave.

Other police chiefs in small departments also said they are abiding by the program but have not had anyone to refer, including the police at the Port of Houston.

Other chiefs, especially around the bay, said they are citing marijuana users for the class C misdemeanor of possession of paraphernalia.

That decision has led some defense attorneys to argue that the small jurisdictions are seeking money from municipal court costs and fines rather than allowing suspects the opportunity to keep their record clean by taking a four-hour class on decision making.

Among the law enforcement agencies that are participating the Houston Police Department tops the list with 927 people referred to the program as of January 10. Precinct 4 Constable's Office sent 429. Troopers with DPS have sent more than 350 referrals to the program and the Sheriff's Office referred 342.