Texas: Judge Denies Effort To Enjoin Dallas’ Voter-Approved Marijuana Depenalization Ordinance

Dallas, TX: A Texas judge has denied a request from the state’s Republican Attorney General to enjoin Dallas’ voter-approved marijuana depenalization ordinance. 

On Election Day, voters in Dallas (population 1.3 million) and two other cities (Bastrop and Lockhart) decided in favor of municipal ballot initiatives limiting the ability of local law enforcement to make misdemeanor marijuana possession arrests. Following the election, state Attorney General Ken Paxton filed litigation to prevent Dallas officials from implementing the law. (City officials in Bastrop and Lockhart declined to adopt their ordinances out of fear of litigation.)

In recent months, Paxton has filed lawsuits against multiple cities that have moved to end low-level marijuana arrests. To date, none of his lawsuits have been successful. 

State law defines marijuana possession of 2 ounces or less as a criminal misdemeanor, punishable by up to 180 days in jail, a $2,000 fine, and a criminal record. According to data compiled by Texas NORML, police made an estimated 219,000 marijuana-related arrests between 2017 and 2021. Ninety-seven percent of those arrested were charged with possession only. Fifty-six percent of those arrested were under 25 years of age.

Additional information is available from Ground Game Texas.