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Austin City Council Passes Defacto Low-Level Marijuana Decriminalization

Dozens of Austinites showed up to the City Council meeting today to speak up for a resolution that would effectively decriminalize the possession of low-level marijuana. Dubbed agenda item 59: Resolution on Marijuana Enforcement, the measure passed 9-0. It restricts city funds from being used to create a testing program for marijuana and asks Austin police to stop tickets and arrests for low-level possession. Yes, we are talking about the parts of the plant with THC content greater than .3%.

Several local and state-wide groups were represented including the Austin Coalition for Justice, Texas NORML, the Hope Program, Texans for Responsible Marijuana Policy and many more. Individuals layered the hearing with facts about racial injustice, economic disadvantages, common sense policies and limited enforcement resources. Much of the testimony was confirmed when one councilman quoted data that last year’s citation record for Austin showed over 80% were for African Americans or Latinos, who collectively make up only 40% of the city’s populace.

The only individual to speak against the measure? President of the Austin Police Association claiming it would open up the doors to unintended consequences. However, he was quoted as saying “I’ll join you at the Legislature.”

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Much of this comes with the passage of the Texas Hemp Bill HB 1325 in last year’s legislative session. The bill changed the legal definition of marijuana to a THC quantity greater than .3%. This forced many counties to drop cases of misdemeanor marijuana possession as there was not sufficient resources or methods for testing. The the resolution passed today builds off of this issue.

While Travis County announced it would not pursue misdemeanor marijuana cases months ago, citizens have still been receiving citations, only to have the charges ultimately dropped. Whether APD will cooperate remains to be seen.

This is another resounding win for cannabis reform in Texas. The 2021 Legislative Session will be the next time Texans can decriminalize or legalize marijuana state-wide.

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