Bell County District Attorney Henry Garza has sent a letter to Killeen Police Chief Charles Kimble asking him to rescind an order that ends enforcement of low-level marijuana offenses following voters’ approval of Proposition A.

“In that order, you instruct your employees, among other things, not to make arrests for the possession of misdemeanor amounts of marijuana nor to consider the odor of marijuana or hemp as probable cause for any search and seizure,” Garza wrote. “I am writing to respectfully request that you rescind this order.”

pbryant@kdhnews.com | 254-501-7460

0
0
0
0
3

(11) comments

jim-me

[offtopic] The ultimate conversation is voter rights and voter participation. Should the VOTED decision be overturned it will most likely be certain that voter turnout will be less next election. If the Topic on the ballot was illegal, it should have never made the ballot, which is A legal binding agreement and document. The government was elected on the same ballot. If you Void the specific item on the ballot, you void the whole ballot.

Justaguy

Killeen always has to be playing games with peoples lives. How about you tax it like all the other states and get these homeless off our streets. How about new jobs and better pay for teachers? I could go on and on Killeen but you all gotta keep the hate alive which is sad

Rickb054

It doesn't make sense that a city can ignore the laws of the state, anymore than the state can ignore the laws of the US Government. Its apparent that the city of Killeen or that matter Harker Heights have a lot of dope heads. Part of the problem is that the Federal Government has not shut down these State laws that allow the use and sell of pot. I never thought I would see the day were Killeen Texas would allow the citizens to ignore state/federal law, or did I ever think Law enforcement would stand by and do nothing about broken laws. Before you know it, Killeen Texas will have more problems with Pot and other drugs because of this illegal ordance. By the way why do they even need this ordance, many Killeen ordances are not even enforced, like parking on the grass in the front yard, or Semi trucks in residential areas, or a fromt yard being uised a business to repair mowers, or collect garabge. For a example drive down to the end of Twin Oaks cir, and see how many ordances are broken.

Hotboywhitt

[offtopic] The state of Texas said it will not give funds for police to Test for low amounts of marijuana. Killeen said tax dollars will not be used to fund the testing of marijuana. It's a mute decision, without having money to test they can't say it's marijuana. Also no state law about smell only a court ruling city can still trump that. So what's the issue yea it not legal but they can't provide enough evidence for them to say you are breaking the law so the hands are tied and not with the headache... How about them apples?

brayc1

Cities are not sovereign in their ability to make laws that are inconsistent with state law. Most voters don't understand or appreciate this. This issue is a state issue and must be voted by all voters. It may pass if voted on at the state level, but it was not voted at the state level. Proponents mistakenly used "Home Rule" as justification for this ordinance, however home Rule law does not allow for cities to create ordinances that conflict with state law. Under the home-rule amendment of the Texas Constitution, a municipality cannot adopt an ordinance that conflicts with or is inconsistent with state law. Agree with it or not, that is the law.

BrentChestnut

The DA’s reliance on the Local Govt Code is incorrect. The plain language of the statute does not forbid voters from enacting policies contrary to state drug laws.

Stevetopus

Of course...we are losing democracy a little each day even though the majority voted for this proposition.

The fear of losing control of the masses scares the heck out of law enforcement. Never mind that were going on 20 murders now not to mention the up tick in robberies.

Lets keep the poor man down while keeping our jails full!

Liberty and justice for all!!!

Lets stay in the 20 century and all the regressive laws some people seem to want.

GeauxrillaFella

[innocent][rolleyes][lol][huh]

...

...

Toldja so!

...

...

If the overlords resist, I'm told Attorney General Paxton will be weighing in on the matter!

Harry Jenkins

I don't understand, If they can't ignore federal & State Laws, Why was the Issue even voted on ? Was it a total waste of Time ? Why was it Allowed ?

Billy Lou

No backs! We.have.voted. Should be legal state wide.

brayc1

How can something that is voted on at a local level be valid statewide? Would you disenfranchise voters across the state? That would create anarchy across this country. That is not how our system works or has ever worked.

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.