사진 /  GroundGameTX 트위터

Across the state of Texas, there is a special election being held on May 7th, regarding two proposed amendments to the state constitution. An interesting addition to this for those living within the City of Austin, is the inclusion of a vote on Proposition A, which seeks to change certain aspects to local law enforcement, including aspects toward marijuana possession.

Proposition A has two components that will be voted on simultaneously. The first seeks to “eliminate enforcement of low-level marijuana offenses”, while the second would “ban the use of ‘no knock’ warrants by Austin police.”

The presence of this proposition was brought to the ballot by the organizing efforts of a progressive group called Ground Game Texas. The group has proposed similar ballot initiatives throughout the state, and considers “low-level marijuana offenses” to mean possession of less than 4 ounces of weed. Their other initiatives are on the ballot in Killeen and Harker Heights, while another organization, Mano Amiga, is gathering signatures for a similar ballot measure to happen in San Marcos.

Austin’s situation on the legality of marijuana has already been in a state of confusion in recent years. This started in 2019 when Texas lawmakers legalized hemp. This meant that a legal standard had to be developed to distinguish hemp from marijuana, since they are the same species of plant. Lawmakers settled on defining marijuana as the variety of the plant that contains more than 0.3% THC (tetrahydrocannabinol), the chemical which makes the user feel high.

With the new standard in place to distinguish hemp from marijuana, enforcement of low-level marijuana charges became more difficult. Detecting the content of THC within the plants requires expensive equipment which many say they can not afford. Travis County, which covers the majority of Austin, ended up dropping many marijuana charges as a result.

The Austin City Council was in favor of this development, and voted to prevent the city from spending money on testing. They also asked the police chief to stop citing low-level marijuana possession. Brian Manley, the police chief at the time, at first disagreed and said he would continue to follow state law, which outlaws marijuana use.

Six months afterward, though, Manley changed his mind. He announced that Austin police would stop citing people for small amounts of weed. And so, Austin has effectively had a decriminalized policy on possessing small amounts of marijuana ever since.

Ground Game Texas want to solidify this position within the city code. Mike Siegel, the political director for the group says that, once adopted, “it won’t be up to the city manager or the police chief to change that policy on a whim.”

Siegel has also pointed out that it “is a very popular issue, even among a lot of Republicans.” Even Governor Greg Abbott has shown signs of openness toward forms of marijuana decriminalization. Just this past May, he signed legislation to allow people with cancer and post-traumatic stress disorder as eligible under the state’s medical marijuana program. Also, this past January, he indicated a lack of interest for severe punishment for low-level marijuana citations. “Small possession of marijuana is not the type of violation that we want to stockpile jails with,” Abbott said.

The Texas legislature, though, has not shown any signs of moving forward on broader support for marijuana decriminalization applying across the state. Lieutenant Governor Dan Patrick has indicated that he is “strongly opposed” toward more forgiving punishment of marijuana possession.

Governor Abbott’s favorable statements are more likely made to court moderate voters in the upcoming November general election. According to Brandon Rottinghaus, a political science professor at Houston University, the governor “doesn’t want to be on the wrong side of public opinion on what is otherwise a popular issue towards decriminalizing and, for some, outright legalization for recreational use.”

Support for decriminalization of marijuana in some form as grown among Texas voters in recent years. According to a poll taken last year by the University of Texas and Texas Tribune, 60% of Texas voters support legalizing possession of at least small amounts of marijuana. The issue is showing greater support among both political parties. Among Democrats and independents, 75% think marijuana should be legal, while Republican support has grown to 43%.

Austin’s Proposition A, and similar measures being pursued elsewhere in Texas, may be the first steps in paving the way toward a more general low-level decriminalization across the state, despite the lack of support for such measures at the state level. Early voting for the special election begins April 25th and continues through May 3rd.