City of Bastrop voters will vote on potential changes to misdemeanor marijuana possession charges Nov. 5.
In a nutshell
Called the Bastrop Freedom Act, the proposed amendment to the Bastrop Home Rule Charter states that it would direct police to deprioritize arrests and citations for misdemeanor marijuana possession offenses, except in cases involving violent crime and major drug investigations.
Some context
On Aug. 19, Bastrop City Council voted at a special meeting to add it to the ballot, following a petition filed with the city July 8.
The petition, which included 438 verified signatures, was submitted by Desiree Venable—a Democratic candidate in the Texas House District 17 race who is in the running against incumbent Republican Rep. Stan Gerdes.
What they’re saying
In an email to Community Impact, Bastrop Police Chief Vicky Steffanic said the proposed charter amendment is “misplaced and misleading,” adding that it would restrict her officers to only one option: making an arrest.
“It really is not decriminalization,” Steffanic said. “It puts our officers in a situation where they do not have the discretion to cite and release.”
Venable disagreed, citing Section 15.03 of the charter amendment, which states: “Unless and until a binding act of a state or federal court requires otherwise, the Bastrop Police Department shall not make any arrest or issue and citation for Class A or Class B misdemeanor marijuana possession, except in the limited cases described by this policy.”
According to Section 15.05 of the charter amendment, those exceptions include:
- If the offense is part of a felony narcotics investigation that has been designated as high priority by a commander, assistant chief of police, or chief of police
- If the offense is part of the investigation of a violent felony
Venable said her goal with the proposition is to reduce racial profiling and help those who would otherwise be charged with a misdemeanor possession charge from experiencing negative impacts, such as when getting housing or jobs.
Notable quote
“In our Bastrop Home Rule Charter, we provide a provision that allows citizens to submit a petition calling an election to amend the charter itself,” City Attorney Alan Bojorquez said during a council meeting July 23. “Because [the petition was certified], we have no choice but to order an election in November.”
