Officials not united with voters on pot laws
Though voters in two Central Texas cities overwhelmingly agreed to decriminalize low-level marijuana offenses on Election Day, their elected officials aren’t so sure.
The Harker Heights City Council voted last week to repeal the measure passed by its residents, saying that decriminalizing small amounts of marijuana was inconsistent with state law. In Killeen, the City Council put its decriminalization measure on hold as officials weigh whether to repeal, amend or allow the ordinance.
Neither ballot measure legalizes marijuana. Instead, they prevent people from being cited or arrested for having up to 4 ounces of the drug. The propositions also prohibit city police officers from stopping someone because they smell marijuana.
Killeen Police Chief Chuck Kimble took issue with a provision to discipline officers who don’t follow the ordinance. He
“I’m really proud of our (council members) because it showed that they wanted to make sure they get this right. Because this is an issue that affects everyone in our community. … I think we’re going to get it right for the citizens.”
Killeen Police Chief Chuck Kimble, speaking to the K-CEN television station
also pointed out that prohibiting officers from using marijuana odor as a reason to search a person was problematic.
“We use a great deal of discretion in enforcing marijuana laws, and taking away that discretion with, ‘You must do this and must do that,’ would hamper police work,” Kimble said.
The council voted to come back Dec. 6 to discuss the issue in detail. Council members also voted to put a moratorium on the ordinance until the meeting.
Kimble previously put out a memo, or special order, to “halt the enforcement of low-level marijuana” until the council makes a decision. It was unclear if the special order would remain in place.
Five Texas cities voted to decriminalize low-level marijuana possession. The effort was pushed by Ground Game Texas, which successfully worked with local organizations and pushed for measures to appear on the ballots in San Marcos, Denton and Elgin, in addition to Harker Heights and Killeen.
The campaign saw the highest level of support in San Marcos, with nearly 82 percent of the vote.
In Killeen, known for its proximity to military base Fort Hood, 68 percent of voters approved the proposition. More than 60 percent of voters in Harker Heights cast ballots in favor of decriminalizing marijuana. Both cities are in Bell County.
Shirley Fleming, a former Killeen city councilwoman, told the Harker Heights City
Council that repealing the ordinance could make residents feel like their vote doesn’t matter.
“If you stomp on this, a lot of people will say, ‘My vote doesn’t count,’ ” Fleming said. “Let’s respect their vote.”
Killeen City Attorney Holli Clements noted that there could be legal challenges because state law prevents cities and counties from adopting a policy that would prevent law enforcement from enforcing drug laws.
But Mayor Pro Tem Ken Wilkerson pushed to hold off on repealing or making a decision on the ordinance because the city couldn’t bring it back for six months.
“I represent our people, not our state, so if I have to go on one side — either the state or the people — my job is the people,” Wilkerson said.
David Bass, the founder of Texas Veterans for Medical Marijuana, told the Killeen City Council that residents have spoken. He said that, regardless of the legality of marijuana, the ordinance was clear and that the council should respect voters’ decisions.
“What I know is that the people of Killeen voted overwhelmingly for our police to stop arresting people for small amounts of cannabis,” Bass said. “We should listen to the will of the people of Killeen.”
Killeen Councilman Jose Segarra, a former mayor, was concerned about the section of the ordinance that prohibits police from using the smell of marijuana as probable cause for a search and seizure. Segarra suggested eliminating this provision.
“It ties our police officers’ hands,” Segarra said. “Out of the 1,800 marijuana incidents police found, 97 of them — from the report that I was given — were possessions of firearms by felons, 183 of them had outstanding arrest warrants, 269 of them unlawful carrying of weapons and 621 of them had illegal drug types other than marijuana.”
Chief 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.”