‘Victory for marijuana decriminalization’: Voters legalize pot. What it means for DFW
Small-scale marijuana possession will soon no longer result in jail time in Dallas, thanks to voters who approved a local pot decriminalization ballot initiative on Tuesday.
Over 65% of Dallas voters approved Proposition R, also referred to as the “Dallas Freedom Act,” which legalizes up to four ounces of marijuana and requires various adjustments to the way Dallas police officers enforce the law and utilize cannabis as evidence for establishing probable cause.
Proposition R is a petition-driven amendment spearheaded by the marijuana advocacy group Ground Game Texas, which aimed to reduce arrests for low-level marijuana possession.
“Together, we’ve taken a big step toward justice, freedom, and a better future for our community,” the group said in a social media post. “This is more than a victory for marijuana decriminalization—it’s a win for the people of Dallas!”
What was the punishment for small marijuana possession in Texas?
According to the Texas Health and Safety Code, two ounces or less of marijuana is a Class B misdemeanor, which carries a maximum sentence of 180 days in jail and a fine of up to $2,000.
It is a Class A misdemeanor to possess two to four ounces of marijuana, which carries a maximum jail sentence of one year and a maximum fine of $4,000.
Do Texans support legalizing marijuana?
A recent University of Texas/Texas Tribune Poll shows that over half of the state’s registered voters support legalizing marijuana.
The poll found that voters would legalize marijuana in small amounts (30%) or in any amount (23%), according to a majority of 53%.
About 31% of voters would only allow marijuana for medical use, the poll said.
Roughly 16% of those who participated in the poll indicated that cannabis possession should always be prohibited.
How will Proposition R impact Texans?
Proposition R would change the city charter to prohibit police from making arrests or issuing citations for possessing up to four ounces of cannabis unless the arrest is a result of a more extensive felony investigation.
In addition, it would limit the use of city funds and resources to test cannabis-related substances to determine whether they satisfy the legal definition of cannabis and forbid officers from utilizing the scent of cannabis as probable cause for searches or seizures.
What’s been the legal response to Proposition R?
Five Texas cities -- Austin, San Marcos, Killeen, Elgin, and Denton -- were sued by Attorney General Ken Paxton earlier this year for creating marijuana policies that prevent Texas drug laws from being enforced.
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said.
Dallas Police Chief Eddie Garcia shared his opposition to the potential passing of Proposition R at a city council meeting earlier this year.
“Four ounces is not a small amount of marijuana, and not only will it lead to increased traffic at drug houses in our most vulnerable neighborhoods, but in my 32 years of law enforcement, in my opinion, it could lead to increased illegal sales and deterioration of quality of life in certain areas of our city,” Garcia said.
The City of Dallas crime statistics dashboard shows that as of Wednesday, Nov. 6, there have been 8,037 drug-related offenses this year, down from 8,734 offenses in 2022.
This story was originally published November 7, 2024 at 5:00 AM.
