It's official: Lubbockites will vote on 'Freedom Act' marijuana decriminalization ordinance

Voters in Lubbock will decide if the city adopts the "Freedom Act Lubbock" ordinance to decriminalize low-level marijuana possession in the city limits.

The Lubbock City Council on Tuesday ordered a special citywide election for May 4, when citizens will decide the fate of the proposed ordinance — which would decriminalize the possession of less than 4 ounces of marijuana and marijuana paraphernalia within the Lubbock city limits and would prevent law enforcement officers from using marijuana odor alone as probable cause for a search.

This comes after the city council in November unanimously rejected the ordinance and the Lubbock Compact-affiliated initiating committee the following week formally requested the election.

More: Lubbock City Council unanimously rejects marijuana decriminalization ordinance

Proponents of the ordinance have argued it would free up city and county resources to focus on more serious crimes while alleviating historic burdens on people of color who they say are disproportionately affected by marijuana laws.

Under a provision in the Lubbock city charter that allows for petition-initiated legislation, the Freedom Act initiating committee collected more than 5,000 valid petition signatures in support of the ordinance, triggering a required city council vote. The council was required to hold a public hearing and either adopt the ordinance or send it to a vote at the committee's request.

In deciding to reject the ordinance in November, councilmembers said they believe the ordinance is unconstitutional.

"My conclusion is that the proposed ordinance actually violates the Texas Constitution, is in direct conflict with state law and therefore it's void and unenforceable," Mayor Tray Payne said at the Nov. 14 meeting. "Any change to the laws of the state in regards to the possession of marijuana must be addressed by the Texas Legislature."

Several councilmembers echoed Payne's comments, adding they believe their oaths of office, which compel them to upload the constitutions and laws of Texas and the United States, bar them from adopting the ordinance.

More: Lubbock Mayor Tray Payne won't seek re-election in 2024

Though the call for election adopted Tuesday was mostly a formality as part of the consent agenda with no discussion, one citizen rose during the meeting to comment in support of the proposed ordinance and encourage her peers to turn out to vote.

"I … encourage everybody to get registered to vote on numerous topics that you all find dear to you, to show up to things that matter," Anne Keel said.

Keel also encouraged councilmembers to engage with their constituencies.

"I also ask councilmembers that have not responded to citizen emails to please take into consideration how many of us and our supporters do feel, along with the individual stories that each one of us share," Keel said. "This is a great way to engage with new leaders in our community. Even if we don't agree on everything, hearing different opinions and different evidence is a great learning opportunity for everybody."

This article originally appeared on Lubbock Avalanche-Journal: It's official: Lubbockites will vote on marijuana decriminalization