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Texas Activists Look to Overturn Lawmakers’ Repeal of Voter-Approved Cannabis Decriminalization

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Not that it’s any news that cannabis advocates have their fair share of grit and perseverance, but a group of Texas activists are surely cementing that truth, fighting back as local leaders look to overturn a recently approved proposition.

On Tuesday, cannabis advocacy group Ground Game Texas announced a city-wide referendum to overturn a Harker Heights City Council ordinance blocking Proposition A, a ballot initiative launched by Ground Game Texas and passed overwhelmingly by voters (64% voted in favor) during the November elections, according to a news release from the group.

Harker Heights was among five Texas cities that passed decriminalization measures on November 8, and it’s currently the only one where local lawmakers overturned the voters’ decision. City Council passed an ordinance to reverse the initiative on November 22, citing state law. The new referendum would ultimately fulfill the will of voters and fully implement Proposition A.

Ground Game Texas Executive Director Julie Oliver said that, by voting to repeal the proposition, Harker Heights City Council sent a message to their constituents, namely “that they don’t respect the will of the voters or the democracy they participate in.”

“These antidemocratic politicians are trying to throw away the votes of more than 5,000 Harker Heights residents—but we won’t let them,” Oliver said in the release. “With this new referendum, Ground Game Texas will ensure the will of voters isn’t trampled on by their local elected officials.”

According to a KWTX News report, the group has until next week to gather 350 signatures from registered Harker Heights voters, in order to secure placement on the city’s May 2023 ballot to overturn the ordinance. Last weekend, Ground Game Texas held an event at Carl Levin Park to rally voters, prompting some to speak out.

“That was offensive to me,” attendee Robert Henderson told KWTX after signing the petition. “In a democratic system it’s based on the majority, not the small percentage.”

For some, the issue is personal. Veteran Maurice Little signed the petition because he has PTSD and tinnitus. “So I believe marijuana can be beneficial to us health-wise.”

Although Harker Heights was the only city to repeal its reform measure, that’s not to say that there haven’t been issues among the other jurisdictions (Denton, Elgin, Killeen and San Marcos).

The Killeen City Council paused implementation of its voter-approved decriminalization ordinance, citing legal concerns lawmakers must sort through before giving their final approval. City Council lifted the pause and approved the ordinance officially this week, though lawmakers amended it to remove a provision that would prohibit police from using cannabis smell as a probable cause for search or seizure.

Denton officials didn’t try to outright repeal its reform measure, though they initially challenged key provisions and argued the city isn’t authorized to direct police to make policy changes. The mayor and city manager affirmed that low-level cannabis offenses will continue to be treated as low law enforcement priorities, Marijuana Moment reports.

The two other Texas cities that passed decriminalization measures have yet to challenge them.

Recreational cannabis is still illegal in Texas. The state passed the Compassionate-Use Act in 2015, which legalized medical cannabis… to a certain extent. Texas has one of the most restricted programs in the U.S., with qualifying patients only able to access low-THC (less than 1% THC).

Ground Game Texas held office hours throughout the week, Monday through Friday from 11 a.m. to 1 p.m. and 5 to 7 p.m., encouraging registered voters to sign their petition. According to the group’s Twitter page, they will hold another event this Saturday at Carl Levin Park between 1 and 4 p.m., family friendly and complete with hot dogs and chips from their community sponsor.