Dallas, Texas, has voted to decriminalize possession of up to 4 ounces of cannabis, bringing it into line with other cities in Texas. The net effect should see reductions in cannabis-related arrests and a prohibition on police searches based solely on cannabis odor. The measure may, however, face legal challenges from the Texas AG over concerns about the large quantities of cannabis allowed.
Voters in Dallas, Texas, have decided to decriminalize the possession of up to 4 ounces (112 grams) of cannabis, a measure aimed at reducing the legal repercussions of cannabis possession and deprioritizing cannabis enforcement for the city’s police department.
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The approval of Proposition R means that possession of up to 4 ounces of cannabis will no longer be a major concern for the Dallas Police Department (DPD). The measure passed with significant support, with approximately 66% of voters in favor.
This change aligns Dallas with other Texas cities like Austin, San Marcos, Killeen, and Denton, all of which have adopted similar policies in recent years. The goal is to reduce the number of cannabis-related arrests and lessen the burden on local jail systems.
According to Changa Higgins from Dallas Action, an organization advocating for criminal justice reform, this change addresses issues of fairness and proportionality in law enforcement.
“Our jail is full of people arrested for minor offenses,” Higgins told local media.
In addition to deprioritizing cannabis-related arrests, Proposition R includes further guidelines on police handling of cannabis. First, it prohibits officers from using the smell of cannabis as grounds for searches or seizures. This rule aims to prevent unnecessary legal intrusions based solely on smell—a practice that has led to numerous arrests despite Texas’s ongoing cannabis prohibition.
Moreover, Proposition R limits the use of city resources for cannabis testing, meaning Dallas will no longer allocate funds to determine if a substance contains THC levels that would classify it as cannabis under state law. This could ease the financial burden on city budgets related to cannabis enforcement, allowing resources to be redirected to other areas of public safety.
Texas Attorney General Ken Paxton is not necessarily aligned with the idea. He has previously challenged similar measures in Denton and Austin, arguing that they conflict with state law. Dallas could therefore face similar opposition, with the possibility of future legal proceedings to determine the measure’s legality.
As former Dallas Police Chief Eddie Garcia noted in August, the decision raises concerns about the amount of cannabis permitted under the policy. Garcia pointed out that “4 ounces is not small or for personal use.”
The decision in Dallas is especially significant, as the city is one of the largest U.S. cities yet to decriminalize cannabis. For example, among the ten largest U.S. cities, cannabis is legal in six—including New York and Los Angeles—while Dallas, along with Houston, San Antonio, and Philadelphia, lags behind in this area.
At the same November vote, Florida voted against legalizing cannabis.
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