Lubbockites will soon be heading to the polls to cast their votes in city-wide elections, including a proposition aimed at decriminalizing the possession of small amounts of marijuana.
In August 2023, a local group called Freedom Act Lubbock began the process of decriminalizing small amounts of marijuana in the city.
The group successfully collected enough verified signatures to trigger a citizen-initiated ordinance to the city’s charter, allowing the Lubbock City Council to hear and vote on the proposed ordinance. After hosting a public hearing for citizens to comment, the council unanimously voted against the ordinance in November 2023.
More:Lubbock City Council unanimously rejects marijuana decriminalization ordinance
However, a month later, the City granted the organization’s request to send the matter to the Lubbock voters to make a final decision.
Early voting starts Monday ahead of the May 4 municipal election. Here is more about Proposition A to decriminalize small amounts of marijuana.
What is Freedom Act Lubbock?
In order for a citizen-initiated ordinance to be considered, a group called an “initiating committee” must be formed, with at least five members who are qualified voters in Lubbock. In this case, proponents of the ordinance created Freedom Act Lubbock.
The committee members are:
- Kimberleigh Gonzalez, secretary and managing director of Lubbock Compact
- Adam Hernandez, communications chair and managing director of Lubbock Compact*
- Morgan Kirkpatrick, development chair for Lubbock Compact
- Joshua Shankles, managing director for Lubbock Compact
- Jarod Cannon Roberts, board member of Lubbock Compact
*Also a 2024 Lubbock mayoral candidate.
As described by its website, Lubbock Compact is a “dedicated and passionate group of community volunteers working to make the city of Lubbock a better place to live for everyone” through policy research, policy education, civic engagement, environmental research, built environment work and advocacy.
How will Proposition A look on the ballot in Lubbock?
According to the Lubbock County Election’s Office, Proposition A will read as follows on the ballot:
The code of ordinances of the City of Lubbock shall be amended by enacting an initiative ordinance creating “Freedom Act Lubbock” including measures to reduce enforcement of low-level marijuana offenses.
Individuals can vote either for or against.
What will Proposition A actually do in Lubbock?
Freedom Act Lubbock told the Avalanche-Journal the ordinance looks to legalize the possession of 4 ounces or less of marijuana within the city limits.
This is because the city sees “over 600 of these arrests, on average, per year,” related to low-level marijuana use, according to Adam Hernandez, who is affiliated with Freedom Act Lubbock and is a 2024 mayoral candidate.
When Freedom Act Lubbock launched its campaign in 2023, Hernandez noted the disparity when it comes to arrests within the city, stating that of the 600 arrests, 30% are Black and 43% are Hispanic, with 18-34-year-olds comprising 75% of the arrests. The Avalanche-Journal hasn’t independently fact-checked these claims before publication.
Project Destiny leading opposition to Prop A
Project Destiny, the political advocacy organization that was a driving force behind the successful citizen-initiated Sanctuary City for the Unborn ordinance in 2021, has led opposition to Proposition A during this election cycle.
The organization has distributed signage around the community and shared testimonials from area leaders, including all three Lubbock-area state lawmakers and Lubbock County Sheriff Kelly Rowe, who are opposed to decriminalizing marijuana at the city level.
“Illegal and unregulated marijuana destroys communities, lives, and the future,” reads a statement on the Project Destiny website. “As residents of Lubbock, our concern is to protect the safety and well-being of our city, our families, and our youth.”
The organization argues that illegal marijuana is often laced with other drugs, such as fentanyl, a potent opioid that is fatal in small doses – even on the first try, according to their website, which adds: “There is no quality control of safety checks in the illegal market, they care about selling their dangerous product and don’t care about the destruction left.”
Is decriminalizing marijuana legal in Lubbock?
It’s not legal for Lubbock to decriminalize marijuana, according to Lubbock Mayor Tray Payne, who is also a board-certified lawyer in Texas.
“My conclusion is that the proposed ordinance actually violates the Texas Constitution, is in direct conflict with state law; therefore, it is void and unenforceable,” Payne said at the Nov. 14, 2023, city council meeting. “Any change in the laws of the state, in regards to the possession of marijuana, must be addressed by the Texas Legislature.”
It is worth noting that in the meeting where Payne voted against the ordinance, he stated that he did so on the legality of the proposal, but otherwise didn’t disclose an opinion.
Has something like this been passed elsewhere in the state?
Yes — in 2022, Austin, Elgin, Killeen, Denton and San Marcos passed ballot measures that would legalize low-level marijuana possession.
However, in January, Texas Attorney General Ken Paxton announced that his office would sue the five cities to block the ordinances from going into effect, according to a news release.
What is the current punishment of marijuana possession in Lubbock?
Texas Health and Safety Code 481.121 dictates the following classifications for the amount of marijuana an individual is found in possession of:
- Two ounces or less — Class B misdemeanor: up to 180 days in jail and up to a $2,000 fine.
- Between two to four ounces — Class A misdemeanor: up to a year in jail and up to a $4,000 fine.
- Anything four ounces and above becomes a state felony with a heftier punishment.
What is marijuana and what does it do?
According to the U.S. Department of Justice’s Drug Enforcement Agency, marijuana contains THC — also known as Delta 9 — which is believed to be the main ingredient that produces psychoactive effects that impairs memory, time perception, thought process, and bodily movements.
The effect of marijuana on perception and coordination is responsible for serious impairments in learning, associative processes, and psychomotor behavior with long-term, regular use leading to physical dependence and withdrawal following discontinuation.
Is marijuana deadly?
According to the DEA, there have been no links to overdose deaths caused by marijuana.
Is marijuana considered a ‘gateway’ drug?
According to the Centers for Disease Control, there is no consensus research on using marijuana leads to users to more dangerous drugs, but there is limited evidence suggesting the latter might be true.
Limits for marijuana use in Texas
While recreational marijuana is still illegal in Texas, there is an exception for medical compassionate use, but “Low-THC cannabis” is prescribed, according to the Texas State Law Library.
But before individuals start looking for doctors to prescribe them medical use marijuana, it can only be prescribed for the following conditions:
- Epilepsy
- A seizure disorder
- Multiple sclerosis
- Spasticity
- Amyotrophic Lateral Sclerosis
- Autism
- Cancer
- Post-traumatic stress disorder
- Incurable neurodegenerative disease
Why is marijuana illegal while CBD and Delta 8 are legal in Texas?
Cannabidiol — commonly known as CBD or hemp — was made legal in the U.S. by the 2018 Farm Bill, which classifies CBD as a substance derived from THC but does not have more than a 0.3% concentration of Delta 9.
Delta 8 is a consumable CBD product but is still required to contain less than 0.3% of Delta 9’s concentration. It was made legal by House Bill 1325 of the 86th Texas Legislature.
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