The Austin City Council will vote on a proposal later this month that, if approved, would “virtually end arrests and fines” by city police for possession of personal amounts of cannabis, according to a summary and copy of the measure obtained by The Texas Tribune. “

Raised by four members of the 11-member council, the resolution would imply that it is directing police to stop arresting or issuing citations to people for low-level cannabis possession cases where officers typically would not be able to get a lab report in a timely manner to chemically distinguish between recently legalized hemp and illegal marijuana. This resolution will also forbid the city from spending funds or using its personnel to perform such tests. Placing a burden on the state and county to do so if desired.

“If there’s no intent to sell or distribute, we’re not going to mess with it,” said Council Member Greg Casar of District 4, the lead sponsor of the proposal.

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The move comes as a direct result of lawmakers legalizing hemp last June, the resolution states. HB 1325 created what some attorneys and legal groups considered a new gray area with what would be considered probable cause and required testing to determine the difference between hemp and marijuana.

Near Amarillo last month, for example, a man was arrested and jailed for a month suspected of hauling 3,350 pounds of marijuana, but testing and a lab report revealed the substance was in fact legal hemp. Due to the issues surrounding that stop, the individual is now pressing a suit against the state, his lawyer stating “We will now be seeking the return of property and just compensation for our client losing a month of his life in the custody of the US Marshals.“

People need to pay attention at that does not mean police have stopped arresting or citing people, including in Austin. People are still taken to jail but then released and no charges are pursued. This can ruin someone’s life as even one day in jail can get you terminated from your job.

Greg Casar said Austin shouldn’t be spending taxpayer money on the issue.

“Most Texas voters want to see marijuana legalized. Most Texas voters don’t want to see counties or cities dedicating extra resources to marijuana cases,” he said. “We’re simply doing what we believe is right given the situation.”

Two more members on the council would be the majority needed to vote for the resolution to take effect. If approved on Jan. 23, the city would have until May 1 to update its guidelines and train Austin police officers to almost fully stop arresting or citing people for suspected marijuana possession.

Last year at a preliminary hearing APD Chief Brian Manley told the Austin American-Statesman that he does not support nonenforcement. As well, LEO’s testified in front of City Council to the same position.

“I do not believe as the police chief in Austin that I would be making our city any safer by not enforcing the law,” he told the Statesman.

City police are still making those enforcement actions after the hemp law, but only four misdemeanor marijuana possession cases have been filed by the county attorney since July, according to data from the Texas Office of Court Administration. More than 1,000 were filed in the first half of 2019.

The Austin council proposal would, by forbidding city funds to pay for testing in a county where the prosecutor requires it, essentially guarantee most low-level pot cases do not move forward. And the resolution would direct police to not make arrests or issue citations in such cases, since they would not be allowed for prosecution.

The measure would not prevent law enforcement from taking action when they believe there is an immediate threat to a person’s safety, and it would allow testing in felony-level trafficking cases. Casar said police would also still be able to confiscate suspected marijuana and pursue charges like driving under the influence of marijuana.

The resolution does not technically decriminalize marijuana — the proposal’s summary notes that cities are not allowed to do that while the drug remains illegal in Texas — it aims to do so effectively because it would then be upon Sheriff Departments, State Troopers, and Constables to press forward with these cases with the county or the state. The likelihood of that happening is very slim.

Casar also said he hopes the implementation of the proposal will help Austin’s citizens of color, who are disproportionately arrested or punished for violating marijuana possession laws.

“We can be using our limited resources on making things better for people instead of derailing people’s lives for having a small amount of pot,” he said.

It is likely that Governor Greg Abbott will want to intervene on this resolution, despite working with Rep. Moody during the 2019 session to decriminalize cannabis in Texas. Time will tell with where he stands on the issue.

Letter Submission

The following is a letter you can use to let the city council know you want them to vote yes on this resolution.

Hi, my name is (insert your name here) It is my understanding that the city council is bringing up a resolution soon which will be directing police to stop arresting or issuing citations to people for low-level cannabis possession cases, and also forbid the city from spending funds or using its personnel to perform such tests. I agree with the resolution and desire for you to vote for it. It is time that the city stop wasting its time, energy, and funds on a law that even a bipartisan majority of Texas, including statewide representation, believed should have changed in 2019. If the state wants to still pursue this, let them. But our city should not spend another dime on enforcing something that is not making our city any safer. We are already taxed enough as it is, and we do not need to spend more money on things that are not fixing a problem. I ask again that you vote for this resolution to pass.



Thank you for your time,

(insert name here), a concerned citizen.

Click here to select you city council member and send them this letter with your name inserted.

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