CannaNews 11/26: Decriminalization measures see pushback from city councils and managers

This past week has shown disappointment for cannabis advocates as 3 cities have refused to enact their cannabis decriminalization measures.

Denton, Killeen, and Harker Heights city councils have all either voted against, for, or put to the wayside their voter approved initiatives. Denton appears to be the first to stand out with the city council voting for the measure. The city manager likely being the most vocal about non-enforcement of the ordinance.

Sara Hensley, City Manager of Denton, told the Mayor and City Council in a memo that, “the City does not have the authority to implement some provisions of Proposition B without changes to current drug laws by Congress and the Texas Legislature.” 

Tristan Seikel of Decriminalize Denton noted to Texas Cannabis Collective, “This is definitely an unprecedented and defiant response from the city administration. But we’re confident that with the majority of Denton voters backing this, we’re in a very strong place to advocate for the full implementation of this ordinance.” 

The City Council of Denton did vote to approve the passing of the ordinance 6-0, but the City Manager and the Police department have since refused to recognize the change.

Killeen and Harker Heights residents face a different situation with their decriminalization initiatives in front of city council.

Harker Heights decided to completely repeal the decision cast by voters at the polls. The council voted against the measure with a 4-1 final vote. Councilwoman Lynda Nash was the only member that voted to keep the ordinance.

City Attorney Charlie Olson gave council his legal opinion on why the ordinance should be repealed at the end of the citizen comment period.

“It places limitations and burdens on their conduct,” Olson said. “It essentially targets police officers.”

Olson also noted that he believes that the ordinance violated the separation of powers between the judicial and legislative branches.

Several members of the community spoke for and against the measure that was in front of the council. 

Julie Oliver, Austin attorney and Co-founder of Ground Game Texas helped get the measure on the ballot, also spoke for keeping the ordinance passed by voters.

Oliver noted that in the 2019 legislative session Texas legalized hemp, and because of that the marijuana decriminalization ordinance should stand to protect those who use legal hemp.

“Legal hemp is indistinguishable from illegal marijuana,” Oliver said. “… Please let the voice of the people stand.”

Gerald F. Dreher, a retired Army surgeon, voice opinion against the measure noting that he believed that the area’s military readiness might be compromised by the marijuana ordinance.

“In a military community, we should have higher standards,” Dreher said. 

Killeen City Council has not voted against decriminalization but has not accepted the measure either.

Some members of the council had concerns about the language of the proposed ordinance. Killeen Councilman and former Mayor Jose Segarra said he was concerned about the ordinance prohibiting police from using the smell of cannabis as probable cause for a search and seizure. The councilman then suggested eliminating this provision before approving it.

The City Council in Killeen agreed to put its decriminalization measure on hold as elected officials there weigh whether to repeal, amend or green light the ordinance that passed on Election Day.  

“What I know is that the people of Killeen voted overwhelmingly for our police to stop arresting people for small amounts of cannabis,” David Bass of Texas Veterans For Medical Marijuana said. “We should listen to the will of the people of Killeen.”

Killeen Chief of Police Charles Kimble said he was pleased with the decision to put the ordinance on hold. 

“I’m really proud of our (council members) because it showed that they wanted to make sure they get this right,” Kimble told the K-CEN television station. “Because this is an issue that affects everyone in our community … I think we’re going to get it right for the citizens.” 

There is not a set date that the council has noted to return to the measure that is publicly posted as of this writing.