Residents of Lubbock, West Texas' largest city with 264,000 residents, are slated to vote next week to decriminalize local low-level marijuana offenses, making it yet another city in the Lone Star State, to do so.
For the May 4 vote, which has been raising dust for months, Gov. Greg Abbott (R) said it's not the right way to make a change. Instead, he proposes reaching out to lawmakers, reported Marijuana Moment.
"Local communities such as towns, cities and counties, they don't have the authority to override state law," said Abbott, who previously agreed that marijuana possession alone shouldn't put anyone behind bars. "If they want to see a different law passed, they need to work with their legislators. Let's legislate to work to make sure that the state, as a state, will pass some of the law."
Even though Lubbock Mayor Tray Payne (R) applauded the efforts by the Lubbock Compact, a public policy think tank, he partially shares Abbott's stance as he recently said the proposal contradicts state law and was "void and unenforceable."
GOP AG's Lawsuit Against Five Texas Cities That Already Passed Marijuana Laws
That said, probably the fiercest opponent of cannabis policy reform is Texas Attorney General Ken Paxton. He recently sued five cities “for adopting amnesty and non-prosecution policies that violate Texas laws concerning marijuana possession and distribution. “
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said in a news release in January.
AG Paxton launched lawsuits against the cities of Austin, San Marcos, Killeen, Elgin and Denton.
"This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.' It's quite simple: the legislature passes every law after a full debate on the issues, and we don't allow cities the ability to create anarchy by picking and choosing the laws they enforce," Paxton continued.
While early voting in Lubbock kicked off on April 22 and will go through April 30, with Election Day taking place on the following Saturday, Abbott said in an interview that a practice of each city "picking and choosing" laws they want to enforce would result in "chaos."
Adam Hernandez, communications chair for Lubbock Compact and Freedom Act Lubbock, disagrees.
"The state constitution of Texas allows for home rule cities, which means that cities can make laws that best serve their local needs and purposes," he said recently.
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