Specific information concerning enforcement of
misdemeanor marijuana possession offenses (including total arrests made, total
citations issues, estimated personnel hours used in conducting enforcement
activities, and demographic information for each person charged with an
offense, including age, gender, race, and ethnicity.
Purpose Reform marijuana enforcement with
objective to allocate city resources and reduce enforcement practices.
Enforcement Directs Lubbock Police Department
to not make any arrest or issue any citation for Class A or Class B misdemeanor
marijuana possession, except under limited situations.
Makes Marijuana the “lowest enforcement
priority” if courts require enforcement. If state of federal courts require
city to enforce marijuana possession laws, Ordinance requires city budget and
LPD policies to enforce these laws as “lowest enforcement priority.”
Restrictions on Enforcement
○
Does not amend or alter enforcement policies
related to juveniles, including teen court.
○
Only allows LPD officer from enforcing marijuana
possession laws if the offense is a) part of a felony narcotics investigation
designated “high priority” by LPD senior leadership; b) revealed as part of an
investigation of a violent felony.
○
If an LPD officer has probable cause to believe
a substance is marijuana, the officer may seize the substance. However, if
seized, the officer must write a report explaining the grounds for
seizure and release any detained person if possession of marijuana is the
sole charge.
○
Prohibits a citation for possession of drug
residue or drug paraphernalia.
○
Defunds LPD from requesting, conducting,
or obtaining THC testing of any cannabis-related substance except for a)
purposes of toxicology testing to ensure public safety or b) the investigation
of a violent felony offense.
○
Prohibits LPD from considering odor of marijuana
as probable cause for search or seizure.
Disciplines Officers Provides for the discipline of LPD
officers who violate Ordinance and attempt to enforce state laws.
Quarterly Monitor Reports Requires quarterly reports to City
Council, in open session, to include:
