Austin’s Police Department Won’t Enforce Small Marijuana Possession for Now
A recent appeals court ruling has sparked confusion and concern among Austin residents about the city’s marijuana decriminalization ordinance. However, the Austin Police Department (APD) has announced that it will continue to not cite or arrest individuals for small amounts of marijuana possession, at least for now.
The ruling struck down Austin’s ordinance, which was approved by voters in 2022, stating that it conflicted with state drug laws. While the ruling does not change the APD’s ability to prioritize crimes, it means that the city cannot have an ordinance that prohibits citations or arrests for marijuana possession.
APD Chief Lisa Davis explained that the department will continue to prioritize higher-level crimes and not focus on low-level marijuana possession cases. This decision is partly due to the fact that the department lacks the resources and staffing to pursue such cases.
Council Member Chito Vela emphasized that the APD doesn’t have the capacity to handle low-level marijuana cases, which are often the most common criminal offense in the city. He also highlighted the difficulty in distinguishing between hemp and marijuana, as both are derived from the same plant and can only be differentiated through expensive laboratory testing.
The ruling may have implications for marijuana enforcement in the future. While the APD has announced that it will continue its current approach, officers now have the ability to cite individuals for carrying small amounts of marijuana. This has raised concerns among advocates, who argue that the decriminalization of marijuana is necessary to address the disproportionate criminalization of people of color and low-income individuals.
Ground Game Texas, the organization that pushed for marijuana decriminalization, expressed concern about the ruling, stating that it has sowed confusion and uncertainty among Austin residents. The organization has long argued that the decriminalization of marijuana is necessary to address the racial disparities in marijuana possession arrests.
In 2018, APD arrested a disproportionate number of Black individuals for marijuana possession, despite them making up only 8% of the population. Council Member Vela questioned why the state continues to enforce strict marijuana laws when no one in the state wants them enforced.
