Hays County District Attorney Wes Mau has asked for an opinion from the Texas Attorney General’s Office regarding the recently enacted marijuana ordinance in San Marcos.
Mau questions whether the ordinance, which eliminates low-level marijuana possession enforcement by the San Marcos Police Department, is void because it is preempted by state law.
“Based on the ordinance’s enactment, the following questions are raised: First, is the ordinance preempted by the laws of the State of Texas criminalizing the possession and delivery of marijuana?” Mau wrote in a letter sent to the Office of the Attorney General. “Second, if the ordinance is void due to preemption, does it expose the city to potential legal action, particularly with respect to potential discipline of San Marcos police officers unwilling to comply with an unlawful ordinance?”
The ordinance was enacted on Nov. 17 after voters unanimously approved of it during the Nov. 8 election. Proposition A, which asked voters to consider the elimination of citations and arrests by SMPD for misdemeanor possession of marijuana up to 4 ounces, received nearly 82% of votes in favor — 15,655 for Prop A and 3,475 voting against the measure.
San Marcos police, however, can 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, the ordinance ends…
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