Confusion results as Austin City Council defunds low-level cannabis possession offenses

sticking to the facts we know

Misinformation spreads as residents respond to the move by city council.

City of Austin city council weed on river

With the Austin City Council voting unanimously to defund cannabis possession for low level and personal amounts, most rejoiced. Others questioned what it meant. Some gave their ideas. Even some outlets put out some bad information unintentionally. Those outlets eventually corrected the information.

So far the city council website has update the resolution with a few documents to show the intended amendments on the resolution. The items include adding misdemeanor after every instance of low-level in the document. Two amendments were added that direct the city manager to report and inform the city council on the effects of the resolution’s passing.

BE IT FURTHER RESOLVED: Nothing in this resolution shall be construed as intending to violate or preempt state law or to limit the ability of the Austin Police Department to access THC concentration testing or pursue enforcement action in high priority or felony level cannabis-related offenses.”

Amendments to CM Casar’s updated resolution

Misinformation on what is considered a low-level offense immediately spread across social media and local news outlets. Answers to the questions ranged from 1 gram to 4 ounces. Some were even saying just a joint and nothing more than that was allowed. All of this despite the resolution has no numerical amounts listed.

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Quick to action, Jax Finkel of TXNORML quickly put together some information to dispel the myths. All of this is a combination of what has taken place since HB1325 was passed, legalizing hemp in the state of Texas.

– This resolution was fiscal, #Austin city council has say over city budget and employees.

– This resolution restricts city funds or city employees from working on #thc testing, protocol or certification.

– This resolution directs #APD to stop citing/arresting for offenses that the DA will not be bringing charges for, as it wastes resources.

– DA Moore has stated that she will not be prosecuting for low-level possession of #marijuana, 4 oz or less, nor for personal use amounts of #cartridges or #edibles.

– DA Moore WILL charge people who are trafficking or intend to distribute. If you have it packaged out to distribute or traffic, that is not covered. You can be charged with felony trafficking/intent to distribute.

– This resolution says “low-level” rather than misdemeanors as carts/edibles are a felony in #Texas.

– Amendments were made to the resolution verbiage. Final approved verbiage should be available shortly for sharing.

Jax Finkel, TXNORML

Now everyone looks to see if Greg Abbott voices up on this. Abbott worked with Joe Moody to help turn HB63 into something he would sign. Dan Patrick killed the bill when he refused to allow it to be taken up in the state Senate.

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About Jesse Williams 338 Articles
Jesse Williams is a retired Navy veteran with a background in nuclear power propulsion plants, graphic design, and mass communications. When not writing articles for Texas Cannabis Collective or EducatingTexans.org he enjoys time with his wife and son in SW Austin. He is an alumnus of NNPTC, NPTU, Austin Community College and Texas State University.