The Texas Senate has passed a bill that would effectively ban cities and counties from adopting or enforcing any measure that limits drug law enforcement, including efforts to decriminalize marijuana.
Texas Senate Chambers.
Senate Bill 1870 was approved by a 23 to 8 vote and now moves to the House of Representatives for consideration. The legislation, filed by Senator Charles Perry (R), would prohibit municipalities from passing ordinances, charter amendments or policies that prevent the full enforcement of state or federal drug laws. This would include local measures aimed at deprioritizing marijuana enforcement or reducing penalties.
The bill would give the Texas Attorney General the authority to investigate complaints from citizens alleging that a local government is in violation. If the Attorney General finds a violation, they could seek civil penalties of at least $25,000 for the first offense and $50,000 for each subsequent offense. These penalties would increase daily until the violation is corrected, and the funds would be directed to the state’s compensation to victims of crime fund.
The measure also waives governmental immunity, allowing lawsuits to proceed against cities or counties that do not comply with state and federal drug law enforcement mandates.
Senate Bill 1870 comes in response to growing efforts in cities like Austin, San Marcos, Killeen and Denton to pass local ordinances decriminalizing the possession of small amounts of marijuana. If enacted, the bill would nullify such ordinances and prevent similar ones from appearing on local ballots in the future.
