Marijuana on the ballot for four Central Texas cities

Texas Agriculture Commissioner pushes for legalization of medical marijuana

A UT Tyler poll in May 2022 found that 83% of Texans support medical cannabis legalization, with 91% of democrats on board and 74% of republicans.

AUSTIN, Texas - Marijuana is on the ballot again this year, this time in four Central Texas cities.

Elgin, Harker Heights, Killeen, and San Marcos residents have so far approved eliminating enforcement of low-level marijuana offenses based on votes counted as of 11:30 p.m. Tuesday night.

Under current Texas law, only the use of "low THC, high cannabidiol (CBD)" products for medical reasons in limited situations or as a legal defense is legal, according to both the National Conference of State Legislatures and NORML, a cannabis advocacy group. THC, which stands for tetrahydrocannabinol, is the main psychoactive compound in marijuana and is what makes people feel "high."

At least nine other U.S. states have such laws: Georgia, Indiana, Iowa, Kentucky, North Carolina, South Carolina, Tennessee, Wisconsin, and Wyoming.

Despite this, there has been a push in Texas in recent years to effectively decriminalize marijuana by eliminating the enforcement of low-level possession cases. In May, Austin voters passed Prop A, banning "no knock" warrants and decriminalizing Class A and Class B misdemeanor possession charges for up to about two ounces. The vote came after both the Austin City Council voted to stop spending money on marijuana testing and the Travis County DA’s Office stopped prosecuting low-level marijuana offenses.

Decriminalization of marijuana in San Marcos becomes possible after thousands sign petition

San Marcos voters may have to chance to pass an ordinance decriminalizing marijuana after grassroots organizations gathered thousands of signatures to get an initiative on the ballot.

In 2021, the Texas House passed House Bill 441, authored by state Rep. Erin Zwiener, D-Driftwood, to lower the criminal penalty for possessing small amounts of marijuana (one ounce or less) and provide a path for expunging criminal charges. However, the law did not move forward in the Texas Senate.

There has also been a push at the federal level to decriminalize marijuana. In 2020, the US House of Representatives voted 228-164 to pass the Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act. If signed into U.S. law, the MORE Act would only directly alter the status of cannabis under federal law, not under state law. However, it has not moved forward in the Senate.

In July, three prominent Senate Democrats introduced legislation again to decriminalize marijuana at the federal level. The Cannabis Administration and Opportunity Act, introduced by Senate Majority Leader Chuck Schumer and Sens. Cory Booker and Ron Wyden, would remove marijuana from the list of federal controlled substances, but it could still be outlawed at the state level. The bill was referred to the Committee on Finance and has not moved forward.

House passes bill to legalize marijuana at federal level, called MORE Act — what's next

While the bill, called the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, is expected to face strong headwinds in the Senate — its debate and vote on Friday gave House lawmakers the chance to state their views on a decriminalization push.

The ballot language for each of the four cities is below:

City of Elgin Prop A

Shall an initiative petition be approved to eliminate enforcement of low-level marijuana offenses in the City of Elgin?

City of Harker Heights Prop A

Shall an initiative ordinance be approved to eliminate enforcement of misdemeanor laws relating to marijuana possession within the City of Harker Heights except where such charges are a part of an investigation of a felony level narcotics case that has been designated as a high priority investigation by a Harker Heights police commander, assistant chief of police or chief of police or of a violent felony case ; To require a Harker Heights police officer to write a detailed report in the event marijuana is seized and to release the individual in possession of the marijuana if possession of marijuana is the sole charge; To prohibit Harker Heights police officers from issuing any charge for possession of marijuana except where such charges are a part of an investigation of a felony level narcotics case that has been designated as a high priority investigation by a Harker Heights police commander, assistant chief of police or chief of police or of a violent felony case; To prohibit the filing of charges for possession of marijuana except where such charges are a part of an investigation of a felony level narcotics case that has been designated as a high priority investigation by a Harker Heights police commander, assistant chief of police or chief of police or of a violent felony case; To prohibit the filing of charges for possession of drug residue or drug paraphernalia in lieu of a possession of marijuana charge; To prohibit use of City funds or personnel to request, conduct or obtain tetrahydrocannabinol (THC) testing of any suspected cannabis related substance, except in connection with a felony level narcotics case that has been designated as a high priority investigation by a Harker Heights police commander, assistant chief of police or chief of police or of a violent felony case; To prohibit Harker Heights police from using the odor of marijuana or hemp as probable cause for search or seizure, except in connection with a felony level narcotics case that has been designated as a high priority investigation by a Harker Heights police commander, assistant chief of police or chief of police or of a violent felony case; To require the City Manager and Chief of Police to ensure that police officers receive adequate training regarding the provisions of this ordinance; To require modification of City policies to comply with this ordinance; To require regular public meetings to discuss development of policies, procedures and practices relating to this ordinance; To require discipline for any Harker Heights police officer who violates any provisions of this ordinance; and to require the City Manager, or his or her designee, to report to the City Council annually regarding the implementation of this ordinance?

City of Killeen Prop A

Shall an initiative ordinance be approved to eliminate enforcement of low-level marijuana offenses in the City of Killeen, to include the following: prohibit Killeen police officers from issuing citations or making arrests for Class A or B misdemeanor possession of marijuana offenses except in limited circumstances, prohibit Class C citations for drug paraphernalia in lieu of a possession of marijuana charge, prohibit the use of city funds or personnel to perform testing to confirm whether a substance meets the legal definition of marijuana except in limited circumstances, prohibit Killeen police officers from considering the odor of marijuana or hemp to constitute probable cause for any search or seizure except in limited circumstances, require that Killeen police officers receive training on the ordinance, require that policies and procedures be updated in accordance with the ordinance, require regular open meetings with stakeholders to discuss practices related to the ordinance, provide that a violation of the ordinance may subject a Killeen police officer to discipline, and require a report within three months of adoption of the ordinance and annually thereafter to be submitted to City Council concerning implementation of the ordinance?