It’s still a few months until Election Day but the proposed decriminalization of marijuana in the city of Killeen is on the mind of many.
It will be on the ballot come November 8, but if this ordinance passes enforcing it would be a challenge.
On July 24 it was advised that the Killeen City Council voted against the ordinance. Which they did, but no matter how they voted the issue would be on the ballot regardless.
After adding more verbiage to the proposition, it was finalized. If approved Killeen police will no longer be able to charge or arrest citizens for class A or B marijuana possession, or use the smell of marijuana as probable cause to search.
Here is where things get complicated according to Bell County Attorney James Nichols.
“We really don’t need the permission from the various entities municipalities to prosecute cases we have countywide jurisdiction," said Nichols.
Nichols said this ordinance simply goes against state law and it could open the door for lawsuits if officers in the city of Killeen abide by it.
“That gets very complicated it opens up a lot of liability both civil and it could be criminal,” said Nichols. “You can’t get into criminalizing something that the state has already said is a crime.”
For this to be recognized county-wide, Nichols said something would have to change at the state level.
In the meantime even if Killeen PD doesn’t make the arrest, that does not mean you would not be arrested for lower-level marijuana possession in the city.
"There’s so much inner play here just to say if a Killeen police officer doesn’t arrest somebody there will be no cases in my office, that’s a fallacy," Nichols said.
Mayor Pro Temp Ken Wilkerson said as a citizen of Killeen, he supports this proposition and even signed the original petition. However, as a member of the city council, he believes it would be a burden to enforce.
The Killeen Police Department has gone on record saying they do not support the proposition
