LOCKHART, Texas – Lockhart city officials have made a final decision on lowering the penalty for low-levelmarijuana possession.
The City Council voted 4-3 to reject the Lockhart Freedom Act on Tuesday night.
The backstory:
68 percent of voters in Lockhart approved Proposition A, a measure to de-prioritize arrests and prosecution of misdemeanor marijuana possession offenses.
The City of Lockhart Proposition A (Lockhart Freedom Act) had 3,675 votes for and 1,733 votes against.
The Lockhart Freedom Act aims to help keep people out of jail for possessing small amounts of marijuana. Decriminalization would apply to people caught with four ounces or fewer of marijuana.
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Under Texas law, misdemeanor marijuana possession is for those with fewer than four ounces.
The Texas local government code says cities may not adopt policies that do not fully enforce applicable state and federal drug laws, including marijuana.
What they’re saying:
“I went out last year and talked to hundreds of people about this issue in particular, in order to spread the word and get the word out there about what was on their ballot, and we saw an overwhelming turnout,” said Lockhart resident Taylor Burge.
There were a few council members on board with the Lockhart Freedom Act as well, but were ultimately outnumbered by members that were against it.
“Sitting up on here on the dais I know for a fact 50% are going to be in favor, if it is decided and 50% are going to be against and basically that is the nature of the beast,” said Mayor Pro-Tem Angie Gonzales-Sanchez.
“What was so frustrating is that the city council knew that this could happen. They had advice from their attorney and instead of listening to the voices of the people, they decided they are more fearful of the consequences,” said Burge.
Big picture view:
Several council members were concerned about how the Act would be enforced and if there would be any legal action taken.
Last year, Texas Attorney General Ken Paxton sued cities who passed similar measures, including Austin. A judge later dismissed the lawsuit.
“It is very clear that the city of Lockhart does not want to get sued by Ken Paxton and I totally understand that I can empathize with that. I mean it is devastating that we have to consider that an option. Unfortunately, it feels like Ken Paxton is just bullying cities,” said Burge.
What’s next:
According to the city council members, they will review the outcome of pending cases before revisiting marijuana decriminalization.
“If they don’t speak to it now and do what the people want now, we can always push them to bring it back up again, and we will continue to do so,” said Burge.
The Source: Information in this report comes from reporting by FOX 7 Austin’s Tan Radford and previous reporting by FOX 7 Austin.
Lockhart city officials have voted to reject the Lockhart Freedom Act, which would have decriminalized low-level marijuana possession in the city. Voters approved the Act in November. Read More
