Battle lines being drawn as petition to decriminalize marijuana in Killeen moves to City Council | Local News | #citycouncil

The group of local politicians includes Killeen businessman Louie Minor and Harker Heights resident Stacey Wilson, who are running for spots on the Bell County Commissioners Court; Shirley Fleming, a former Killeen mayor pro tem; and Julie Oliver, an Austin-based activist who ran for Congress in 2020.

The Killeen effort is part of a greater push by Oliver’s organization, Ground Game Texas, to decriminalize marijuana statewide. The organization was able to get a similar item on the Austin ballot in May, where it passed overwhelmingly by voters.

Minor, Fleming, and Oliver have been working on the petition since 2020 and were holding calls over Zoom due to the pandemic. The group held their first press conference in January.

“We were reached out by Killeen NAACP that there was an organization that was interested in getting this on the ballot here in Killeen,” said Minor, a Democrat. “That’s when we were introduced to Julie, Mike Siegal, and Ben. They explained why they felt this was important for the citizens of Killeen. And after that public records request, something needed to change.”

The Killeen Chapter of the NAACP could not be reached for comment on Saturday.

Minor said he submitted a public records request to the city of Killeen and found there was a racial discrepancy of arrests between white and non-white offenders of low-level marijuana arrests. A major talking point of the group has been that despite making up 40% of Killeen’s population, African Americans account for 80% of the marijuana convictions, according to the group.

“We are honored to be partnering with Killeen and Harker Heights community members on this important initiative to end unjust enforcement of low-level cannabis possession,” Oliver said during the January press conference. “Eighty-seven percent of Texans believe that marijuana should be legalized for medicinal and recreational use and in Texas, we have the power of direct democracy; the citizens-led ballot initiative ensures we have a voice in our community’s future.”

The Austin measure — known as “Proposition A“ on that city’s May 7 ballot — prevented Austin police from enforcing low level marijuana offenses and banning “no knock” warrants in the city, something already banned in Killeen. Nearly 58,000 Austin residents voted for it — an 85.5% margin of approval.

In an unscientific, online Killeen Daily Herald poll earlier this year, 75% voted “yes” to have marijuana decriminalized in Texas.

“The people want this,” Minor said.

Comments on a Herald Facebook post this week, asking for opinions on the matter, were generally supportive.

“Every other state around us has legalized it, get with it,” Victoria Moreland Kretchman commented.

A comment also suggested that police could handle marijuana in the same light if someone is drinking and driving.

“Legalize it and charge them just like dwi it’s better than alcohol,” Pete-Becky Garza wrote.

Others also pushed for full legalization of marijuna, which is not something the local petition aims to do.

“Please do! … the additional revenue made by the city can be used for security systems for the schools, additional money for allowance to hire more teachers, allowances for classrooms, actually reinforce the curriculum being taught, additional money for the teachers wages and retirement, and not a raise for the superintendent? Additional funding for our city’s road department, waste department, fire department, code enforcement? Homeless crisis? Children programs?” Kimberly Martin commented.

The local group said it was able to get more than enough signatures from registered Killeen voters in order to get decriminalization on a future ballot.

“Any initiative ordinance may be submitted to the council by a petition signed by qualified electors of the city equal in number to at least twenty-five percent of the number of voters in the last regular municipal election of the mayor and at-large councilmembers,” according to the memorandum from city secretary Lucy Aldritch.

Also according the memorandum, Killeen’s May 7 election had a voter turnout in the amount of 4,072, and 25% percent of 4,072 is 1,018. The local group’s petition has more than 2,500 signatures, according to Minor.

But the petition hasn’t come without its critics.

Minor’s opponent in the November county commission election, Killeen Republican Christopher Bray, said he is against the petition and decriminalizing marijuana.

“Passage of this ordinance will put the KPD at odds with fellow law enforcement agencies at the state and federal level and I suspect encourage additional marijuana sales in Killeen, thereby ultimately increasing crime. It will also constrain the KPD more than they already are,” Bray said in an email last month. “There are typically ‘pros’ and ‘cons’ to any issue. I foresee the ‘cons’ vastly outweighing any ‘pros’ in this proposal. I expect there will be unforeseen consequences, costs and community issues by implementing an ordinance which goes against Texas State Law.”

The Killeen Police Department also came out against the proposal in the days after the group’s first press conference.

“We want the community to know that department does not support to decriminalize marijuana and we will continue to follow the statute, Texas Health and Safety Code 481.121 – Possession of Marijuana, which is the Texas State Law,” KPD said in a release in January.

The Herald reached out to KPD to see if they believe the ordinance could increase crime but they did not respond by the deadline.

Minor said he does not buy the theory that crime will go up if marijuana is decriminalized in Killeen.

“Marijuana is already here in the community just like how there is other drugs in the community. It’s not like we’re going to have a flood of increased drug use,” Minor said, “To me, it’s more important to focus on how a drug arrest for something minor affects these young kids for the rest of their lives in housing, in housing employment, and in education benefits.”

And while most comments on the Herald’s Facebook post were in support, some did share concerns.

“We do not need more mental health problems in texas, drug addition , etc.” Daniel Kott wrote.

Councilman Jose Segarra and Mayor Debbie Nash-King have served alongside Fleming in the past and have nothing but nice things to say about her, but they say that they are just not in support of decriminalization.

“Cannabis is a drug that is illegal in the State of Texas. I can see the pros and cons from both perspectives on this topic of debate. I can also respect the decision of the residents that took the time to sign the marijuana decriminalization petition,” Nash-King said in response to Herald questions about the issue. “However, I took an oath of office as the City of Killeen Mayor to preserve, protect, and defend the Constitution and laws of the United States and of this State. Therefore, I will continue to follow the state and federal laws concerning decriminalizing marijuana.”

Segarra said that while he is not a “proponent” of decriminalization, he is willing to sit and listen to the conversation.

“Hopefully it will be talked about and debated,” Segarra said.

Councilwoman Jessica Gonzalez said she likes to see residents engaged and doing a petition.

“I will like to see this go to the ballot to let the citizens have their say,” Gonzalez said. And while she said that she still needs to do more research before clarifying if she’s for or against it, she did say that some of the things that she has read is that the cities that decriminalized marijuana allowed for their police departments to focus on harsher crimes.

When asked about his opinion on the matter, Councilman Ramon Alvarez said “I don’t really have one.”

He did say he will be listening intently during Tuesday’s 5 p.m. meeting at City Hall, when the group presents their case.

Other council members — Michael Boyd, Ken Wilkerson, Riakos Adams and Nina Cobb — were reached out to but did not respond by deadline.

No matter what happens with city law, Killeen Independent School District officials said they will continue to enforce state marijuana laws since schools are designated drug-free zones.

When asked if KISD is for or against the local decriminalization proposal, KISD did not give a specific answer, but said it will continue to enforce state laws. KISD has its own police force.

While there is no efforts to decriminalize marijuana in Copperas Cove, the Herald reached out to the Copperas Cove Police Department for their opinion on decriminalization of marijuana.

“As public servants, we have no involvement in writing or amending laws and are just one component of the criminal justice process. We are tasked with enforcing laws enacted by our elected officials. Our personal opinions on whether or not marijuana should be decriminalized does not matter at the end of the day. What should matter to our community, is our ability to remain fair and impartial regardless of any legislative changes we may face in the future. The Copperas Cove Police Department will continue to maintain a strong commitment to serving our community.” Cove police Lt. Krystal Baker said in a statement.

The Herald also reached out to the Texas Department of Public Safety, which did not respond with an answer.

“The state already does not prosecute for low-level marijuana arrests. That is a policy change that came out once they legalized hemp,” Minor said, “Patrol already stopped doing low level marijuana arrests almost two years ago. So there’s no conflict.”

The Herald also sent questions to the Bell County District Attorney’s Office about the proposed Killeen law, asking District Attorney Henry Garza if his office believes a decriminalization law on the books in Killeen will cause problems in the courts or if such a city ordinance would increase crime in Killeen. The DA’s office did not respond.

The Killeen City Council “can either approve the measure or it will go to a citizen vote.” according to Killeen spokeswoman Janell Ford.

While it is still up for the council to make a decision, Minor and company said that they are pretty confident the iniative will be passed due to the number of signatures and show of support from the community.

“If the naysayers want to organize and try to defeat this, I say bring it on. This will pass,” said Minor, who denied that he is involved in the decriminalization effort as a way to get more publicity for his county commission campaign in November.

“I’ve been involved in the community for over 10 years since I moved back here. I’ve been trying to make Killeen and Bell County a better place for people to call home,” Minor said, “I want people to know that for county commissioner, they will have someone that will advocate for them.”

The council will need to make a decision by Aug. 13 and if they fail to do so, it will go on the ballot on Nov. 8, according to the city.