Legalization has yet to hit the Lone Star State, but Texans are taking action one city at a time. Five localities have decriminalized low-level possession, including Austin, Denton, Kellen, San Marcos, and Elgin.
Efforts were matched with ire from state officials who filed lawsuits against the cities. Grounds for the suit included the promotion of illicit drugs and violation of state law. Courts dismissed these cases as advocates continued efforts to get weed reform on local ballots.
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The latest city to get decriminalization to a vote is Dallas, where people will have a chance to weigh in on Proposition R. The proposed charter amendment, also known as the Dallas Freedom Act, comes thanks to signature collection efforts from Ground Game Texas. The group supported other decriminalization efforts in the state, and this time, even Willie Nelson joined in.
🚨BREAKING: Marijuana is an herb, not a crime. 🌿 Willie Nelson is standing with us for fairness and freedom in Dallas. Vote YES on Proposition R to support decriminalization and make a difference in our community.@WillieNelson @WilliesReserve pic.twitter.com/iHW4oq1OMA
— GroundGameTX (@GroundGameTX) October 12, 2024
“Dallas Freedom Act is more than just about marijuana,” Natalie Marquez, field director for Ground Game Texas, said at a City Council meeting, “it is a step towards broader social justice, smarter use of public resources, and protecting civil liberties in Texas.”
All about the Dallas decrim measure
Proposition R, if passed, will make cannabis possession arrests the lowest priority for Dallas police officers. Carrying four ounces or less would be considered a Class A misdemeanor, which could bring in a year in jail and up to $4000 in fines. Two or fewer ounces would be a Class B misdemeanor punishable by up to 180 days behind bars and a $2000 fine.
The City Charter amendment seeks to prohibit city funds from testing cannabis to decipher the “legal definition of marijuana.” This would include determining the THC amount, figuring out what is Farm Bill compliant, and other related testing inquiries.
Additionally, smell alone would not be enough cause for search and seizure. Police officers would only be allowed to pursue cannabis possession charges when in combination with violent or high-priority narcotics felony investigations. Policing is one of the largest drives for advocates concerned about racial inconsistencies by the Dallas Police Department (DPD).
Why Dallas wants weed reform
Pro-cannabis advocates hope that Proposition R will keep people out of jail for minor possession, reduce racially biased profiling, and, in turn, save the public funds that would have gone to policing, court, jailing, and other processes that may require taxpayer money.
A Dallas Office of Community Police Oversight study looked into the arrests and policies in the local department. They found that 90 percent of low-level weed arrests were people of color despite one-third of residents being white.
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DPD responded with a memo in 2021 stating they would stop arresting people holding two ounces or less. Arrests dropped from 149 to 49 over the following two years, but still, 90 percent of them remained non-white. However, the police chief is not game for Prop R as is.
At an August 7 city council meeting, Chief Eddie Garcia took issue with the amounts of weed written into the measure. He shared that four ounces greatly overshoots true personal possession, which he regards as two grams or less. Garcia believes this charter amendment would benefit drug dealers and increase market demand for the plant.
Four of the 14 Dallas city council members voted no on the proposition, citing a violation of state law. Attorney General Ken Paxton used this argument in the lawsuits against the five cities that have already decriminalized cannabis. A state district court threw that case out, and Dallas is a home rule city, meaning they have the population allowed to make their own charter rules. A potential violation of state law may not hold the amendment back.
Another Texas city is voting on weed
While other states grapple with the nuance of running an overly taxed uncharted industry, Texans walk their own road. City by city, cannabis advocates are turning the tides on how plants are policed despite little to no movement on the legalization front.
As one member of the Dallas Reddit community put it, “Really, it’s a vote trying to get fellow residents to simply mind their own business about how other people conduct their lives.”
