Marijuana decriminalization ballot initiative turned into city clerk’s office

More than 11,000 signatures from registered voters in San Marcos were gathered to place a measure on the November ballot to decriminalize marijuana.

Mano Amiga, alongside Ground Game Texas and organizers, turned in the signatures to the San Marcos City Clerk’s office Wednesday, marking another step toward the initiative appearing on the ballot.

“This is the biggest ballot initiative that the city of San Marcos has ever seen,” Mano Amiga Communications Director Sam Benavides said. “Today, we’re turning in 11,256 signatures. The biggest ballot initiative that the city has ever seen … I hope that you all continue working and organizing to transform our legal system because today is just another clear demonstration that when we organize, we win.”

Above, Mano Amiga Communications Director Sam Benavides speaks to a crowd gathered at San Marcos City Hall to turn in a ballot initiative to decriminalize marijuana. Daily Record photo by Nick Castillo

The San Marcos City Charter required 4,182 unique signatures — one-tenth of the amount of registered voters in the city — to be recorded to place the initiative on the ballot. Mano Amiga, a local grassroots immigration and legal reform nonprofit, said organizers have verified more than 4,600 valid signatures.

According to the ordinance language, citations and arrests for misdemeanor possession of marijuana of up to 4 ounces would end if the voters approved the proposition. San Marcos police, however, could cite an individual or make an arrest for Class A or Class B misdemeanor possession of marijuana if it’s a part of an investigation involving a felony-level narcotics case or the investigation of a violent felony.

Additionally, if the ordinance is passed, citations for possession of drug residue or drug paraphernalia should not be issued, a prohibition against city funds or personnel to conduct THC concentration testing would be established, and there would also be a prohibition against city police using the odor of marijuana or hemp as a probable cause for search or seizure.

Julie Oliver, co-founder and executive director of Ground Game Texas, called the gathering of over 11,000 signatures, “a truly momentous occasion.”

“I don’t know if you’ll know how challenging it is to get thousands and thousands and thousands of signatures,” Oliver said. “But that is exactly what this group in this room did — 11,000 signatures. We were able to verify just under 5,000 before we had to turn them in so we haven’t quite verified the full 11,000. But I can guarantee you that we will be connecting with all 11,000 come Nov. 8 when we’re going to vote … You don’t need a weatherman to tell you which way the wind is blowing. And guess what? People are with us on this issue.”

In a prior statement, Hays County District Attorney Wes Mau said Texas law makes recreational use of cannabis illegal in the state. Mau added that he understands efforts in San Marcos have been described as decriminalization because the city doesn't have the authority to amend state law. He said that even for the state legislature, which is the only body that can decide to make marijuana possession legal, it’s more complicated than saying, “it’s legal now.”

But San Marcos City Councilmember Alyssa Garza said “it’s quite obvious that a substantial portion of the San Marcos electorate has spoken loud and clear” by signing the marijuana decriminalization ballot initiative.

“It’s now the duty of the San Marcos City Council to give voters an opportunity to approve this at the polls in November,” Garza said. “Neighbors from all backgrounds and walks of life poured their time, sweat and energy into this work … This is true democracy from the ground up, rooted in community care, love and justice. I look forward to honoring and acknowledging the work by supporting that this goes straight to the voters in November.”

The ballot initiative now goes to the city council where they could establish the proposed ordinance as law before it makes it to the ballot. If the council chooses to leave it up to San Marcos voters, councilmembers cannot change the language of the ordinance, only the language that would appear on the ballot.