San Marcos groups push for marijuana decriminalization

Could marijuana be fully decriminalized in San Marcos? It may happen as early as November.

The latest effort to “free the herb” comes in the form of a petition drive to collect 4,400 signatures – 10 percent of San Marcos’ registered voters – to place a referendum on the November ballot that would effectively decriminalize weed in city limits if it passes.

The drive is being led by nonprofit grassroots group Mano Amiga and seeks to build on momentum it gained in 2020 after advocating for the successful passage of the city’s so-called “cite-and-release” ordinance, which compels San Marcos police officers to issue citations – not handcuffs – for low-level criminal offenses, including possession of marijuana under four ounces.

San Marcos was the first city in Texas to pass such an ordinance.

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But “the cite-and-release ordinance simply does not go far enough, especially when it comes to something as petty as possession of marijuana,” said Sam Benavides, a spokeswoman for Mano Amiga. With cite-and-release, she said, those who are cited still have to show up to court within two weeks and work their way through the legal system.

“Having a charge of possession of marijuana on your record has the potential to negatively impact a person’s life in so many ways,” she said. “It can be found by employers, landlords, social services, and for students, it can even impact your financial aid status.”

Mano Amiga is partnering with Ground Game Texas, a group that encourages voter engagement, to put the issue to voters in November.

The proposed ordinance would end citations and arrests for misdemeanor marijuana possession, prohibit San Marcos police officers from citing “odor of marijuana” as probable cause for search or seizure, and prohibit the use of city funds for THC concentration testing, among other things.

At a press conference near the quad at Texas State University on Tuesday, Mano Amiga was joined by a bipartisan group of Texas lawmakers and candidates to speak out against marijuana laws and encourage students and voters to sign the petition.

Hays County Judge Ruben Becerra, who ran for the seat and won in 2018 partially on a criminal justice reform platform, said decriminalizing marijuana is just the first step in dismantling a system that penalizes low-level and first-time drug offenders.

“Raise your hand if you know what Adderall is? Come on, I went to school here,” Becerra said to the crowd of mostly Texas State students. “If it’s not prescribed to you and you have a tiny little bit in your pocket. … one pill of Adderall will land you in jail. It will be a felony, you will not be allowed to vote, you will not be allowed to apply for FAFSA, you will not be allowed to do so many things because you were trying to get ready for your genetics test.”

State Rep. Erin Zwiener, a Democrat who represents Hays and Blanco counties, was joined by one of her two same-party challengers, Tia Angie Villescaz. And four of the ten candidates for House District 21, which represents the area north of San Antonio and much of Austin, were in attendance as well: Democrats Coy Branscum, David Anderson and Claudia Zapata, as well as Republican Dana Zavorka.

Zach Vance, a Republican candidate for lieutenant governor, also spoke out in favor of the ordinance, and said he started using medical cannabis after being wounded in Afghanistan as a Marine in 2010.

“It changed my life,” he said. “Texans need medical cannabis. They need to not go to jail for a plant, first of all.”

So far, the petition campaign has gathered 1,500 signatures. If it hits its goal of 4,400 signatures over the next 180 days, it will be placed on the November ballot for voters to decide.

Annie Blanks writes for the Express-News through Report for America, a national service program that places journalists in local newsrooms. ReportforAmerica.org. annie.blanks@express-news.net.