(512) 398-3461

P.O. Box 239 • Lockhart, Texas 78644

308 West San Antonio Street

December 23, 2024

The City of Lockhart is sharing important information about the Lockhart Freedom Act and the resolution passed after the election, in an effort to inform the Lockhart community about what this means.

Background

On November 5, 2024, Lockhart voters approved a charter amendment known as the Lockhart Freedom Act, which aimed to “reform marijuana enforcement by city personnel” and decriminalized the possession of marijuana of four (4) ounces or fewer. The election results were canvassed on November 18, 2024.

On December 3, 2024, Lockhart City Council passed a resolution acknowledging the passage of the Lockhart Freedom Act and its incorporation into the City Charter, while also acknowledging that state law prohibits cities from not fully enforcing drug laws, including those related to low-level cannabis enforcement. The resolution passed by Lockhart City Council on December 3, 2024 calls on the Texas Legislature and U.S. Congress to provide clarification and guidance regarding ordinances similar to the Lockhart Freedom Act.

Current Practices

Prior to the passage of the Lockhart Freedom Act, Lockhart Police made 75 arrests related to all drug possession charges in 2024, to date. In 2023, Lockhart Police made approximately 99 drug related arrests. However, not all drug arrests were linked to marijuana possession.

The discovery of illegal marijuana possession may be used at a police officer’s discretion to continue an investigation of other crimes. This includes driving under the influence, possession of a controlled substance, firearms violations, or other crimes that affect public safety.

Enforcement

Chapter 370.003 of the Texas Local Government Code State law provides that cities may not adopt policies that do not fully enforce applicable state and federal drug laws, including marijuana.

The Texas Code of Criminal Procedure, which vests police officers with the authority and duty to enforce state law, also potentially conflicts with the City of Lockhart’s marijuana decriminalization charter amendment. Potentially inhibiting peace officers from fully enforcing drug laws could put officers in danger and hamper recruitment and retention efforts.

Due to the Lockhart Freedom Act’s potential conflict with state law as approved by Lockhart voters, the City of Lockhart is at risk of being sued by the Texas Attorney General’s Office, which has already sued several Texas cities for their adoption and implementation of ordinances/charter amendments similar in purpose and scope to the Lockhart Freedom Act.

For these reasons, the City of Lockhart and the Lockhart Police Department are working with the City Attorney’s Office to implement the legal and enforceable provisions of the Lockhart Freedom Act that are not in direct conflict with state and federal law.

The City of Lockhart emphasizes that this charter amendment is applicable only to the Lockhart Police Department, and not any other law enforcement agencies, such as the Caldwell County Sheriff's Office, Caldwell County Constables, Texas Department of Public Safety (DPS), and State Park law enforcement officers, which have jurisdiction to enforce state law within the city of Lockhart.

It should also be noted that Texas state law differentiates (leafy) marijuana possession and tetrahydrocannabinols (THC) product possession from one another. Under the Texas Controlled Substances Act, THC product possession is a felony. Additionally, marijuana is classified as a Schedule I controlled substance. Under federal law, the possession, manufacture, distribution, and dispensation of marijuana is prohibited.

###

Read the signed resolution by clicking here.

Additional information and documents corresponding to the Lockhart Freedom Act and the 2024 Special Election can be found on https://www.lockhart-tx.org/page/gov_election