HARKER HEIGHTS, Texas — The City of Harker Heights has provided the next step in the debate over Proposition A and possibly more confusion for voters.
Proposition A or Chapter 133 "Marijuana Enforcement" tells police to not go after people found to be in possession of small amounts of marijuana. Harker Heights residents voted to pass this ordinance back in November.
Shortly after residents voted in favor of the ordinance, Harker Heights City Council voted to repeal it, causing an uproar in the community. Signatures were gathered as part of a referendum petition for the ordinance to be put back on the ballot.
However, now that the ordinance is back on the ballot, it still may not be enforced despite the vote.
On Saturday, May 6, voters will have the option to vote yes, which would affirm the repeal of Chapter 133 "Marijuana Enforcement," or they could vote no, which would support the repealing of city council's repeal of Chapter 133 "Marijuana Enforcement."
Now this is where it gets a little confusing.
According to the city, if voters elect to repeal city council's repeal, the marijuana ordinance would still not be revived.
The city cites the following Section 10.16(C) of the Code of Ordinances that reads the following:
"When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided."
The city states that it will continue to follow the the Constitution and all state laws.
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