Austin voters to weigh in on proposition to end marijuana enforcement, no-knock warrants

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?

What does a yes vote mean?

Misdemeanor marijuana enforcement would be removed from city code. Austin Police Department officers would no longer be allowed to cite or arrest people for marijuana or drug paraphernalia possession in most cases and would not be able to use city resources for THC testing. Police could still seize suspected marijuana, but would not be able to charge most suspects for a marijuana offense. Exceptions could be made in relation to violent felonies or high-priority felony narcotics cases.

Additionally, police would be required to announce their presence and wait at least 15 seconds before executing a search warrant. APD officers would be banned from requesting or participating in “no-knock” search warrants, or warrants carried out without advance warning, and could be disciplined for violations.

What does a no vote mean?

City code related to misdemeanor marijuana enforcement would not change. No-knock warrants would remain an option for Austin police in limited situations.

Current marijuana enforcement

Based on previous City Council direction, APD’s general orders covering marijuana enforcement already reflect the proposed code update. Officers are currently instructed against arrests or citations for marijuana possession unless in connection to a felony.

Warrant requirements

Today, no-knock search warrants are only allowed in situations when officer safety is deemed a concern. No-knock warrants must be approved by a commanding officer and judge, and logged in an APD database within three days after a warrant is served.