AUSTIN, Texas — More Texas cities are moving away from harsh punishments for marijuana offenses, as reform advocates see an opening for statewide change.

In Austin, voters will get to decide whether or not police can ticket or arrest people for low level pot charges thanks to a measure that will be on the ballot in May. That measure would also stop the city from spending money to test substances that are suspected to be marijuana, which is a critical part in most drug charges. Those practices are already informally in place in the capital city, but advocates are hoping to make the change permanent.

“In Texas we have to change our cannabis laws at the state level,” said Jax James, Executive Director of Texas NORML, in an interview on Capital Tonight. “But at the local level we have some ballot measures where we can use the discretion locally. In that manner we’re seeing a lot of localities, not just Austin, use their discretion.”

James pointed to cities like Houston and Dallas, which are using diversionary programs to avoid arresting people. She also noted that more district attorneys are declining to prosecute people on low level drug charges.

But she also said that leaving it up to individual cities isn’t the solution either.

“The problem is that until we change the state law, this creates a patchwork of policy that’s confusing,” James said.

Gov. Greg Abbott did signal some support for decriminalization during a campaign stop in Edinburg this week.

“One thing that I believe in, and I believe the state Legislature believes in, and that is prison and jail is a place for dangerous criminals who may harm others,” Abbott said. “Small possession of marijuana is not the type of violation that we want to stockpile jails with.”

However, James pointed out that Abbott has made similar comments before, and the laws still haven’t changed.

“The governor actually made a similar statement in his previous campaign last time around. And he worked with leadership on legislation that would have…changed [possession] to a civil fine. However, that was halted and prevented from advancing in the Senate by the lieutenant governor,” James said.  “I am hopeful that this signals the Governor is ready to push more.”

James say that a majority of voters support decriminalization and a regulated cannabis market for people over 21.  

“Often legislators lag behind the voters,” James said. “It’s important that we catch up. It’s time.”