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San Marcos becomes first city in Texas to pass cite-and-release policy

The city council voted 4-3 to punish low-level offenses with citations, not arrests.

SAN MARCOS, Texas — San Marcos has become the first city in Texas to make the cite-and-release policy not just a resolution, but a binding law.

The grassroots organization Mano Amiga based in Hays County has advocated for the cite-and-release policy for about a year. 

The group has worked to persuade municipal officials "to end excessive arrests for non-violent crimes such as marijuana possession, petty theft, criminal mischief and driving while license invalid," according to Mano Amiga.

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Mano Amiga offered to postpone the vote out of respect for the death of a San Marcos Police Department officer Saturday, but leaders insisted on holding the vote on Tuesday.

"Today's triumph marks the first step down a path that leads to greater liberation and justice for the people of Hays County via prudent modernization of our criminal legal system," said policy director for Mano Amiga Eric Martinez. "We thank everyone who joined this shared effort to reduce unnecessary arrests, and also those who will continue to march alongside us as we pursue expanded transformation of our community for the better in weeks and months ahead."

Minor marijuana possession accounts for the leading arrest charge in San Marcos since 2013, Mano Amiga said. With the new cite-and-release policy, those in possession of under 4 oz. of marijuana will not be arrested, "unless a disqualifying circumstance outlined in the policy applies."

The new policy is slated to take effect on June 1. Mano Amiga first presented a draft ordinance to the council in July 2019.

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