City officials in Dallas have paused the implementation of a voter-approved ordinance (the Dallas Freedom Act) limiting the ability of local police to make low-level marijuana possession arrests. Sixty-seven percent of Dallas voters approved the marijuana depenalization ordinance in November.
Dallas is the latest Texas city to shelve its voter-initiated depenalization law after Attorney General Ken Paxton filed lawsuits against half a dozen localities for failing to “fully enforce laws related to drugs.”
Since taking legal action, city officials in Bastrop, Denton, Harker Heights, and Lockhart have each declined to move forward with their local laws. Additionally, a Texas appellate court in March issued a pair of rulings halting the implementation of voter-approved depenalization initiatives in the cities of Austin and San Marcos.
State lawmakers this session also sponsored legislation prohibiting voters from deciding on future marijuana depenalization ordinances. That bill was approved in the Senate but ultimately stalled in the House.
“Texas voters, like most Americans, do not want cannabis consumers arrested or jailed,” NORML’s Deputy Director Paul Armentano said. “That is why, when given the opportunity, they have consistently and overwhelmingly decided in favor of these local ordinances to end low-level marijuana arrests. Unfortunately, Texas officials would rather cancel their own voters than abide by the will of the people and move forward with smart and sensible cannabis policies.”
State law defines marijuana possession of two ounces or less as a criminal misdemeanor, punishable by up to 180 days in jail, a $2,000 fine, and a criminal record. Since 2018, Texas police have made approximately 200,000 marijuana-related arrests. Ninety-six percent of those were for possession only.