Low-Level Marijuana Possession Decriminalized In Austin

AUSTIN, TX — Austin city officials effectively decriminalized possession of small amounts of marijuana during a council meeting on Thursday.

Council members passed a resolution that all but ends arrests and fines related to low-level marijuana possession. The council action comes after Texas legalized hemp — a strain of the Cannabis sativa plant species grown specifically for industrial uses — that complicated prosecution of marijuana possession given that both plants are nearly identical.

The legalization of hemp — a prolific, fast-growing plant from which paper, rope, garments and more can be made — required municipalities statewide to spend money on new resources to conduct laboratory tests to distinguish marijuana from the legalized hemp. Rather than absorb such considerable expense, Austin joined a growing list of cities that have instead decriminalized low level amounts of marijuana possession given the inability to test whether seized amounts are hemp or pot.

The measure passed unanimously after a relatively brief discussion that took barely an hour and a half, with nine votes in favor. Mayor Steve Adler and council member Jimmy Flannigan were both absent. Some 20 residents spoke up on the resolution during the "citizens to be heard" portion of the meeting, including Austin Police President Ken Casady, the head of the police union. Casady was the sole voice of opposition to the measure.

Some of those speaking in favor of the resolution spoke of the disproportionate prosecutions in marijuana enforcement, which tends to largely impact people of color. Passage of the resolution compels Austin police not to focus on low-level possessions — let alone spend money on city resources for lab tests in distinguishing pot from hemp.

Council members supporting Item 59 telegraphed their affirmative votes in passing the resolution during a Tuesday, Jan. 21, press conference. The measure was brought forward by council members Greg Casar, Natasha Harper-Madison, Flannigan and Delia Garza, who also serves as mayor pro tem.

Item 59 also had the backing of a number of social justice organizations, among them Texas Fair Defense Project; Survivor Justice Project; Texans for Accountable Government; American Civil Liberties Union of Texas; Texas NORML; Austin Lawyers Guild; Austin Justice Coalition; Just Liberty; Texas Civil Rights Project; Texas Appleseed; Austin Criminal Defense Lawyer Association; Austin Community Law Center; Texans for Responsible Marijuana Policy; Texas Harm Reduction Alliance; and Grassroots Leadership.

Officials of another like-minded group, the Austin Justice Coalition, lauded passage of the resolution: "This will help countless Austin residents avoid the devastating consequences of criminal marijuana enforcement, which disproportionately impact people of color and already-struggling communities," officials wrote in an emailed press advisory.

The Austin Justice Coalition created a portal for those grateful for the measure to send a note of thanks to council members. Officials praised the impacts of the newly passed resolution, which include:

• A commitment to not wasting city resources on testing THC levels for low-level marijuana offenses;
• To the extent allowable under state law, reining in police from citing and arresting people for marijuana possession cases they know will be rejected by the prosecutors;
• The application of the resolution to all possession offenses, which would include class a misdemeanor possession up to 4 oz, + felony possession of THC (e.g. vape pens, edibles, etc.).