Austin, Texas, Proposition A, Marijuana Decriminalization and Prohibit No-Knock Warrants Initiative (May 2022)

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Austin, Texas, Proposition A, Marijuana Decriminalization and Prohibit No-Knock Warrants Initiative
LocalBallotMeasures Final.png
Election date
May 7, 2022
Topic
Local law enforcement
Status
Approveda Approved
Type
Initiative		Origin
Citizens

Proposition A, the Marijuana Decriminalization and Prohibit No-Knock Warrants Initiative, was on the ballot for Austin voters in Travis County, Texas, on May 7, 2022. It was approved.[1]

A "yes" vote supported amending the city's code to add a new section to prohibit Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses and to prohibit the use of no-knock warrants.

A "no" vote opposed amending the city's code to add a new section to prohibit Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses and to prohibit the use of no-knock warrants.


Election results

Austin Proposition A

Result Votes Percentage

Approved Yes

56,148 85.81%
No 9,287 14.19%
Results are officially certified.
Source



Overview

What did the measure do?

See also: Measure design

The initiative amended the Austin City Code to prohibit Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses, so long as the offenses are not involved in the investigation of a narcotics-related case designated as a high priority or a violent felony case. In January 2020, the Austin City Council passed an ordinance directing that no city funds or personnel be used to "develop THC concentration testing protocols or pursue accreditation for the purpose of testing any substance to determine whether the substance meets the legal definition of marijuana under state law."[1]

The initiative also prohibited Austin police from requesting, executing, or participating in a no-knock search warrant. The initiative also specified that Austin police officers who violate this rule would be subject to discipline under the Austin City Code or Texas state law.[1]

Who supported and opposed the initiative?

See also: Support and Opposition

Ground Game Texas is leading the campaign in support of this initiative. Proponents refer to the measure as the Austin Freedom Act. Supporters include former U.S. Housing and Urban Development Secretary Julián Castro (D), gubernatorial candidate and former U.S. Rep. Beto O'Rourke, former State Rep. Wendy Davis (D), and Austin Mayor Stephen Adler (Nonpartisan).[1]

Heather Fazio, director of Texans for Responsible Marijuana Policy, said, "Marijuana reform is a winning issue and local efforts will drive voter engagement. State lawmakers—Democrats and Republicans—failed us during the legislative session. Maybe this level of political pressure will get their attention and bring them on board with meaningful reform statewide."[2]

Ken Casaday, head of the Austin Police Association, said, "We don't support [the initiative] just because we feel like you should follow state law. They're skirting state law. But the thing is if this makes people in Austin happy, so be it."[3] Ballotpedia did not identity any registered opposition committees. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

What's the status of marijuana in Texas?

At the time of the election, the penalty for a misdemeanor offense of marijuana possession of 2 ounces or less is up to 180 days imprisonment and a fine not to exceed $2,000 according to Texas state law. For 2 to 4 ounces, the penalty is up to one-year imprisonment and a fine not to exceed $4,000.[4]

As of January 2022, five Texas cities and six counties have lowered penalties for offenses involving marijuana possession. Click here to see the full list of local jurisdictions.

Measure design

Proposition A amended the Austin City Code by adding Title 16. Title 16 contained two chapters: the first decriminalized marijuana and the second prohibited the use of no-knock warrants. Click on the arrows (▼) below to read about the proposed chapters below.[1]

Marijuana decriminalization: Changes to marijuana possession offenses

Chapter 1 of the proposed initiative prohibited Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses, so long as the offenses are not involved in the investigation of a narcotics-related case designated as a high priority or a violent felony case. Austin police officers may seize marijuana if they have probable cause to believe that an individual possesses it, but they must write up a full report and are not permitted to detain the individual if marijuana possession is the sole charge. The initiative also prohibited police officers from issuing citations for possessions of drug residue or paraphernalia and would prohibit city funding or personnel from being used to test for THC, so long as the substance to be tested is not involved in the investigation of a narcotics-related or violent felony case.[1]

Ban on no-knock warrants: Prohibit Austin police from executing no-knock search warrants

Chapter 2 of the proposed initiative prohibited Austin police from requesting, executing, or participating in a no-knock search warrant. The initiative defined a no-knock search warrant as "any search warrant that does not require the officer to knock and announce their presence and wait at least 15 seconds prior to execution." The initiative specified that Austin police officers who violate this rule would be subject to discipline under the Austin City Code or Texas state law.[1]


Text of measure

Ballot title

The ballot title for Proposition A was as follows:

“Shall an initiative ordinance be approved to (1) eliminate enforcement of low-level marijuana offenses and (2) ban the use of "no knock" warrants by Austin police?”

Full Text

The full text of this measure is available here.


Support

Ground Game Texas led the campaign in support of this initiative. Proponents refer to the measure as the Austin Freedom Act.[1]

Supporters

Individuals

Organizations

  • Austin Justice Coalition[7]
  • Texas Criminal Justice Coalition[7]
  • Just Liberty[8]
  • Texas Fair Defense Project[8]
  • Planning Our Communities[8]
  • Texas Appleseed[6]
  • Travis County Democratic Party[6]

Arguments

  • Ground Game Texas, the organization sponsoring the campaign: "Why decriminalize marijuana? In past years, Austin police issued thousands of citations and made hundreds of arrests for marijuana possession. These disproportionately targeted Black and Hispanic community members. To promote justice and avoid the waste of tax dollars, we want to redirect resources towards real public safety solutions. What is a 'no-knock' warrant? This is when police obtain a warrant to break into someone’s home without identifying themselves beforehand. This tactic has resulted in many tragedies, including in Austin, and is dangerous to residents, police, and bystanders."[1]
  • Heather Fazio, director of Texans for Responsible Marijuana Policy, said, "Marijuana reform is a winning issue and local efforts will drive voter engagement. State lawmakers—Democrats and Republicans—failed us during the legislative session. Maybe this level of political pressure will get their attention and bring them on board with meaningful reform statewide."[2]
  • Council Member Greg Casar (D), who voted "no" to send it to the ballot because he wanted to adopt the ordinance by council vote, said, "We had worked a long time to try to end arrests and citations for low-level marijuana possession, and worked a really long time to reduce the use of no-knock warrants. ... I appreciate the community coming forward to try to make this more codified in law."[6]

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Arguments

  • Ken Casaday, head of the Austin Police Association, said, "We don't support it just because we feel like you should follow state law. They're skirting state law. But the thing is if this makes people in Austin happy, so be it."[3]

Campaign finance

See also: Campaign finance requirements for Texas ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through April 7, 2022. The deadline for the next scheduled reports was July 15, 2022.


Ballotpedia identified one ballot measure committee—Ground Game Texas—registered in support of the initiative. Ground Game Texas has sponsored multiple campaigns in Texas; therefore, the following campaign finance data encompasses all their campaign activity. The committee reported over $40,000 in contributions.[9]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $40,187.80 $0.00 $40,187.80 $36,639.30 $36,639.30
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $40,187.80 $0.00 $40,187.80 $36,639.30 $36,639.30

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[9]

Committees in support of Proposition A
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Ground Game Texas $40,187.80 $0.00 $40,187.80 $36,639.30 $36,639.30
Total $40,187.80 $0.00 $40,187.80 $36,639.30 $36,639.30

Donors

The following were the top donors who contributed to the support committees.[9]

Donor Cash Contributions In-Kind Contributions Total Contributions
Marion Look-Jameson $2,500.00 $0.00 $2,500.00
Gary Elden $2,000.00 $0.00 $2,000.00
Dixie Houston $1,000.00 $0.00 $1,000.00
Jon Dunlop $1,000.00 $0.00 $1,000.00
Ken Weatherbie $1,000.00 $0.00 $1,000.00
S. Nicholson Brorby $1,000.00 $0.00 $1,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

No-knock warrants

No-knock warrants are search warrants that exempt police from knocking and announcing their presence before entering the premises in certain circumstances.[10] No-knock warrants came into widespread use in the 1970s and 1980s in executing raids for illicit drugs.[11]

Austin City Council resolution limiting enforcement action for low-level marijuana possession offenses

In January 2020, the Austin City Council passed an ordinance directing that no city funds or personnel be used to "develop THC concentration testing protocols or pursue accreditation for the purpose of testing any substance to determine whether the substance meets the legal definition of marijuana under state law." The resolution authorized THC concentration testing conducted or performed by non-City laboratories only for the investigation of high priority felony-level cannabis-related trafficking offenses. The resolution also directed the city manager to eliminate, in accordance with state law, the use of arrest or other enforcement actions for cannabis-related possession offenses by police if they know that the charges will be rejected by prosecutors.[12]

State laws governing marijuana possession offenses

According to Texas state law, the penalty for a misdemeanor offense of marijuana possession of 2 ounces or less is up to 180 days imprisonment and a fine not to exceed $2,000. For 2 to 4 ounces, the penalty is up to one-year imprisonment and a fine not to exceed $4,000.[4]

State efforts to decriminalize marijuana

During the 2021 legislative session, the Texas House of Representatives passed House Bill 441 (HB 441) by a vote of 88-40 with 22 not voting or absent. HB 441 would have made the possession of up to one ounce of cannabis a class C misdemeanor that does not come with the threat of jail time. The bill did not receive a vote by the Texas State Senate prior to the session adjourning.[13][14]

Local efforts to reduce marijuana penalties

As of January 2022, five Texas cities and six counties had lowered penalties for activities involving marijuana possession.[15]

Click show to expand the table.

State and local police-related ballot measures (2022)

See also: State and local police-related ballot measures (2022)

In 2022, Ballotpedia covered notable local police-related ballot measures. You can view the list of local ballot measures here.

Since 2020, Ballotpedia has tracked 32 notable local police-related ballot measures. In 2020, voters approved 20 local police-related ballot measures in 10 cities and four counties within seven states. Two were overturned after the election. In 2021, voters approved seven of 12 local police-related ballot measures in 10 cities and one county within nine states. Among the approved measures was a ban on no-knock warrants in Pittsburgh that was approved with 81.16% of the vote.

Path to the ballot

See also: Laws governing local ballot measures in Texas

In Austin, initiative petitioners needed to gather 20,000 signatures to qualify the initiative for the ballot. The requirement is based on five percent of the qualified voters in the city or 20,000, whichever was smaller.[16]

Details about this initiative

  • On June 30, 2021, Ground Game Texas announced the proposed petition to decriminalize marijuana and ban no-knock warrants. As of June 30, the day they started their petition, Ground Game reported having collected 3,000 signatures.[5]
  • On November 30, 2021, the campaign announced they had collected nearly 35,000 signatures.[17]
  • On January 10, 2022, the Austin City Clerk announced that the campaign had submitted a sufficient number of signatures. The clerk used a random sampling method to determine that at least 20,000 signatures were valid.[18]
  • On January 18, 2022, the Austin City Council voted to send the initiative to the May ballot in a 7-3 vote. Members Greg Casar, Sabino Renteria, and Kathie Tovo voted against placing the initiative on the May ballot, but all voiced support for adopting the ordinance by council vote. Council Member Leslie Pool was not there for the vote.[19][6]

How to cast a vote

See also: Voting in Texas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Ground Game Texas, "Austin Freedom Act of 2021," accessed July 17, 2021 Cite error: Invalid <ref> tag; name "pet" defined multiple times with different content
  2. ↑ 2.0 2.1 Marijuana Moment, "Texas Marijuana Activists Unveil Decriminalization Ballot Initiative In Austin," June 30, 2021
  3. ↑ 3.0 3.1 Fox San Antonio, "Austin voters could decriminalize small amounts of pot in May," January 10, 2022
  4. ↑ 4.0 4.1 NORML, "Texas Laws and Penalties," accessed January 27, 2022
  5. ↑ 5.0 5.1 5.2 5.3 5.4 Marijuana Moment, "Texas Marijuana Activists Unveil Decriminalization Ballot Initiative In Austin," June 30, 2021
  6. ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 AustinTexas.gov, "January 18, 2022 meeting transcript," accessed January 25, 2022
  7. ↑ 7.0 7.1 7.2 7.3 Texas Signal, "Ballot initiative to decriminalize weed, ban ‘no knock’ warrants kicks off in Austin," June 30, 2021
  8. ↑ 8.0 8.1 8.2 Facebook, "Ground Game Texas," December 1, 2021
  9. ↑ 9.0 9.1 9.2 Texas Ethics Commission, "Search," accessed March 31, 2022
  10. ↑ Cornell Law School: Legal Information Institute, "No-Knock Warrant," accessed April 19, 2021
  11. ↑ PBS News Hour, "The war on drugs gave rise to ‘no-knock’ warrants. Breonna Taylor’s death could end them," accessed April 19, 2021
  12. ↑ Austin City Council, "City Resolution," accessed December 17, 2021
  13. ↑ Marijuana Moment, "Texas House Passes Marijuana Decriminalization Bill, Sending It To Senate," April 30, 2021
  14. ↑ Texas State Legislature, "House Bill 441," accessed December 17, 2021
  15. ↑ NORML, "Texas Local Decriminalization," accessed January 27, 2022
  16. ↑ austintexas.gov, "Austin City Charter, Article IV, § 1. Power of Initiative," accessed July 21
  17. ↑ Texas Signal, "PROGRESSIVE GROUP SECURES ENOUGH SIGNATURES FOR AUSTIN BALLOT INITIATIVE," November 30, 2021
  18. ↑ Ground Game Texas," "Austin Success," January 10, 2022
  19. ↑ Marijuana Moment, "Austin Lawmakers Approve Marijuana Decriminalization Initiative For May Ballot," January 18, 2022
  20. ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
  21. ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
  22. ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
  23. ↑ 23.0 23.1 23.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
  24. ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
  25. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  26. ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
  27. ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
  28. ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
  29. ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
  30. ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
  31. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  32. ↑ 32.0 32.1 32.2 32.3 32.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid <ref> tag; name "tvid" defined multiple times with different content
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