Dallas voters approved Proposition R on Tuesday, which decriminalizes the possession of less than 4 ounces of marijuana in the City.
Proposition R, which passed with roughly 67% of the vote, will amend the City charter to make marijuana possession of fewer than 4 ounces technically the “lowest priority” for local law enforcement.
The passage of the proposition also comes as a part of a larger growing movement for marijuana reform in Texas, as previously covered by The Dallas Express.
Under the new policy, Dallas Police will allegedly no longer actively pursue arrests or prosecutions for those found with small amounts of marijuana, shifting the priority of department resources towards more serious crimes.
The proposition also includes a provision prohibiting the City from allocating any funding or resources for THC “concentration tests.” These tests can be administered by law enforcement officials to check the concentrations of Delta 9 THC in certain hemp products, ultimately allowing police to deem them illegal versus other legal hemp products sold over the counter in Texas.
The overall goal of Proposition R, according to the non-profit organization Ground Game Texas, is to “keep people out of jail for marijuana possession, reduce racially biased policing and save millions in public funding.”
However, the proposal has faced significant opposition from law enforcement officials and politicians alike, including former Dallas Police Chief Eddie Garcia, who strongly criticized the measure.
Garcia argued to the City Council in August that 4 ounces of marijuana is more than what an individual would typically possess for personal use, suggesting that it is commonly associated with drug trafficking. He also voiced concerns that the measure could harm the City’s most vulnerable neighborhoods.
“In my opinion, 4 ounces is not small or for personal use,” Garcia said to the Dallas City Council in August, holding up a half-empty gallon-sized bag to illustrate his point.
Despite the opposition, Proposition R garnered widespread support from various local political groups.
The proposition also draws similar comparisons to other past marijuana decriminalization efforts in Texas cities like Austin, Denton, and San Marcos, which have seen similar reforms.
However, Texas Att. Gen. Ken Paxton has previously filed lawsuits against cities with similar ordinances, as previously reported by DX, arguing that they conflict with state law.
With the passage of Proposition R, Dallas may now face a legal battle, as Paxton has previously signaled that he will challenge decisions by Texas cities to decriminalize marijuana in any amount.
“This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s quite simple: the legislature passes every law after a full debate on the issues, and we don’t allow cities the ability to create anarchy by picking and choosing the laws they enforce,” Paxton stated in a press release published in late January.
