Voters in three Texas cities decided to decriminalize the possession of small amounts of marijuana. Dallas and the Central Texas cities of Lockhart and Bastrop passed the measures Tuesday.
All three measures were similar in specific language and were supported by the advocacy group Ground Game Texas.
“I think people are just generally – especially with marijuana – I think we’re tired of these outdated, draconian marijuana laws,” Ground Game Texas Executive Director Catina Voellinger said.
Dallas’ Proposition R passed with about 67% of voters in favor. The vote in Lockhart for Proposition A was also approved by 67%. In Bastrop, an area that’s been growing as people are searching for more affordable living, Proposition M passed even more decisively – with more than 69% in favor.
“I think our success in Dallas, and then in places like Bastrop and Lockhart, proves that once again, that the state’s laws aren’t in line with the needs of its residents,” Voellinger said.
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All three measures prohibit city police officers from arresting people suspected of having four ounces or less of marijuana – except in specific circumstances. They also ban police from considering the smell of marijuana a probable cause for a search or seizure and they prohibit city money to be used to test whether a substance meets the legal definition of marijuana, except in some limited circumstances.
Dallas is now the largest Texas city to have made such a move with voters involved – though local leaders at the county level have deprioritized such arrests in places including Harris and Bexar counties.
So what does it mean to decriminalize marijuana in a city when it’s still illegal in Texas?
Those putting these measures on the ballot have thought about that. The actual amendments include some specific caveat language including preambles reading – “Unless and until a binding act of state or federal court requires otherwise…”
The amendments also say if such a requirement is handed down, the city will still make misdemeanor marijuana possession its lowest enforcement policy and update budgets, manuals and policies to reflect that.
Further, there’s language saying if a court finds a subsection of the act illegal, the rest will stay in place.
Still, it’s a space worth watching. Early in 2024, Texas Attorney General Ken Paxton sued five cities – including Austin and Denton – which passed similar measures to decriminalize marijuana. A Travis County judge dismissed the Austin lawsuit. The Republican-led legislature starts up in January.
Those in support of decriminalization aren’t deterred.
“We’re going to keep doing this patchwork organizing until we can hopefully see change statewide,” Voellinger said.
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