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The Dallas, Texas Police Department is instructing officers to stop arresting or citing people for possession of up to four ounces of marijuana, in accordance with a voter-approved ballot initiative.
In an internal memo, Dallas Interim Police Chief Michael Igo also clarified that officers cannot “consider the odor of marijuana as probable cause for search and seizure, except as part of a violent felony or high priority narcotics felony investigations.”
That’s because voters last November passed a measure, Proposition R, that locally decriminalized cannabis. Previously, DPD had a policy not to go after people over up to two ounces of marijuana, except they were obliged to confiscate the product.
That policy is now “obsolete,” the memo, first reported by WFAA, says.
“Regardless of your thoughts and/or opinions regarding the passing of this amendment, we must remain focused on our duties and obligations to the Dallas Police Department and the residents of the City of Dallas,” Igo said. “It is crucial to maintain professionalism and composure, as you always represent this exceptional Police Department.”
Weeks after Dallas approved Proposition R—one in a series of local reform victories during this latest election—state Attorney General Ken Paxton (R) filed a lawsuit seeking to overturn the law.
That marked a continuation of Paxton’s so far unsuccessful campaign to reverse local decriminalization policies. Despite the legal challenge, however, Dallas police chose to implement the rule change.
Numerous Texas cities have enacted local decriminalization laws in recent years, and, last January, Paxton similarly sought to block the reform in Austin, San Marcos, Killeen, Elgin and Denton.
State district judges dismissed two of the lawsuits—which argue that state law prohibiting marijuana preempts the local policies—in Austin and San Marcos. The city of Elgin reached a settlement, with the local government pointing out that decriminalization was never implemented there despite voter approval of the initiative.
Ground Game Texas, an advocacy group that’s spearheaded many of the local reform efforts, said of the latest Dallas news that it’s “proud to see progress like this, but the fight isn’t over.”
“We’re committed to ensuring that these policies are implemented fairly and continue to push for lasting change across Texas,” it said. “This victory is proof that when we organize, we win. Let’s keep the momentum going! Join us in building a safer, fairer Texas for all.”
Dallas lawmakers formally put the marijuana decriminalization initiative on the ballot in August after activists turned in sufficient petitions for the reform. Cannabis icon and music legend Willie Nelson had urged Dallas voters to pass the marijuana measure.
Prior to last August’s vote on ballot placement, some members of the Dallas City Council had expressed interest in streamlining the process of decriminalizing cannabis by acting legislatively, but plans to introduce the proposal at a hearing in June did not materialize, leaving the matter to voters.
Here’s what the initiative accomplishes:
The measure prevents police from making arrests or issuing citations for Class A or B misdemeanor cannabis possession offenses, unless it’s part of a high priority felony investigation for narcotics or violent crime.
Further, it says “Dallas police shall not consider the odor of marijuana or hemp to constitute probable cause for any search or seizure.”
The city manager and chief of police is required to prepare quarterly reports on the implementation of the policy change, with information about any marijuana possession arrests or citations that must be submitted to the Dallas City Council.
Also at the ballot last November, voters in the Texas cities of Lockhart and Bastrop similarly elected to pass local decriminalization ordinances.
Gov. Greg Abbott (R) has lashed out against the municipal cannabis reform efforts.
“Local communities such as towns, cities and counties, they don’t have the authority to override state law,” the governor said in May “If they want to see a different law passed, they need to work with their legislators. Let’s legislate to work to make sure that the state, as a state, will pass some of the law.”
He said it would lead to “chaos” and create an “unworkable system” for voters in individual cities to be “picking and choosing” the laws they want abide by under state statute.
Abbott has previously said that he doesn’t believe people should be in jail over marijuana possession—although he mistakenly suggested at the time that Texas had already enacted a decriminalization policy to that end.
Paxton had used more inflammatory rhetoric when his office announced that it was suing the five cities over their local laws decriminalizing marijuana, vowing to overrule the “anarchy” of “pro-crime extremists” who advocated for the reform.
In 2023, Ground Game released a report that looked at the impacts of the marijuana reform laws. It found that the measures will keep hundreds of people out of jail, even as they have led to blowback from law enforcement in some cities. The initiatives have also driven voter turnout by being on the ballot, the report said.
Another cannabis decriminalization measure that went before voters in San Antonio that year was overwhelmingly defeated, but that proposal also included unrelated provisions to prevent enforcement of abortion restrictions.
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At the state-level in 2023, the Texas House of Representatives passed a series of bills to decriminalize marijuana, facilitate expungements and allow chronic pain patients to access medical cannabis as an opioid alternative. But they ultimately stalled out in the Senate, which has been a theme for cannabis reform measures in the conservative legislature over several sessions.
The House passed similar cannabis decriminalization proposals during the past two legislative sessions, in 2021 and 2019.
Separately, a Texas Democratic senator brought the issue of marijuana legalization to the Senate floor, seeking to attach to an unrelated resolution an amendment that would’ve allowed Texans to vote on ending prohibition at the ballot box. But the symbolic proposal was ultimately shut down. Lt. Gov. Dan Patrick (R) agreed to another member’s point of order, deeming the cannabis amendment not germane to the broader legislation.
A strong bipartisan majority of Texas voters support decriminalizing marijuana, and more people say they want to reduce restrictions on cannabis than say the same about guns, gambling and abortion in the Lone Star state, according to a poll released last September.
The Texas Department of Public Safety (DPS) separately released a recent report advising that the state’s limited medical marijuana system “does not provide for statewide access for patients” and recommending that the number of licensed dispensaries be significantly expanded to meet demand.
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“}]] The Dallas, Texas Police Department is instructing officers to stop arresting or citing people for possession of up to four ounces of marijuana, in accordance with a voter-approved ballot initiative. In an internal memo, Dallas Interim Police Chief Michael Igo also clarified that officers cannot “consider the odor of marijuana as probable cause for search Read More
