Some Dallas City Council members doubt whether a new charter mandate should stand after voters supported banning police from arresting people on suspicion of having up to four ounces of marijuana.
While certifying the Nov. 5 election results, the Dallas City Council considered adding a clause to the resolution stating they could not enforce Proposition R unless Texas legalized recreational use of marijuana. Two-thirds of voters supported the proposal, making Dallas the largest city in Texas to decriminalize small amounts of pot.
“The core of this is that state law preempts our ability to enforce this ordinance, and we need to respect state law and follow state law,” said council member Cara Mendelsohn, who motioned to add the clause. “And if not, we’ll be seeing a lawsuit associated with it.”
The majority of the City Council voted to reject the clause, with several members saying they don’t support going against voter approval without consulting the community. Council members Adam Bazaldua and Omar Narvaez said the city should be ready to defend Proposition R, also known as the Dallas Freedom Act, against challenges likely to arise.
“If the people of Dallas voted 67% to challenge a law, then I think that it’s our duty as their representatives to stand with them,” Narvaez said. “And 67% said they wanted to do a certain thing that was opposite of state law in Texas. Then, we need to listen to the residents of Dallas.”
Council members Mendelsohn, Gay Donnell Willis and Mayor Eric Johnson voted to add the non-enforcement clause. Council members Bazaldua, Narvaez, Tennell Atkins, Paula Blackmon, Zarin Gracey, Paul Ridley and Chad West voted to reject the clause. Council members Carolyn King Arnold, Jesse Moreno, Jaime Resendez, Jaynie Schultz and Kathy Stewart were absent when the vote was called.
After the council meeting, Interim City Manager Kimberly Bizor Tolbert announced the police department would move forward with enforcing Proposition R.
“The Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety,” she said in a statement.
Proposition R, along with the arrest and citation restriction, bans police officers from considering the smell of marijuana as probable cause for a search or seizure unless it is part of a felony investigation. It also requires enforcement of Class A and B misdemeanor marijuana possession to be the department’s lowest priority and forbids city funds or workers in most instances from being used to test cannabis-related substances to determine whether it meets the legal definition of marijuana.
Interim Police Chief Michael Igo on Tuesday sent a memo to all staff saying Proposition R went into effect immediately and that a previous policy to deprioritize cases involving two ounces or less of marijuana “is now obsolete.”
“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’s memo said. “It is crucial to maintain professionalism and composure, as you always represent this exceptional police department.”
Having less than 2 ounces of marijuana is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine. Carrying between 2 and 4 ounces of pot is a Class A misdemeanor that could lead to up to one year in jail and a $4,000 fine.
Medical marijuana use is legal through a state program, and hemp, the plant CBD comes from, is also approved by state and federal regulators.
Whether enforced or not, Dallas could face lawsuits over Proposition R. Attorney General Ken Paxton earlier this year sued five other Texas cities, including Austin and Denton, after they passed similar restrictions. County district judges dismissed the state’s lawsuits this summer against Austin and San Marcos.
In Dallas, Proposition R was among 16 ballot proposals voters approved. All but one of them were updates to the city’s charter.
One of them was Proposition S, mandating Dallas waive its governmental immunity to allow any city resident or business to sue over any action they feel violates the charter, local ordinance or state law. Another, Proposition U, requires the City Council to direct at least half of annual excess city revenue to police hiring, pension, starting pay and benefits. Propositions S and U were backed by a group called Dallas Hero.
Supporters of banning arrests for low-level marijuana possession say arrests disproportionately affect Black residents in Dallas.
The city’s Office of Community Police Oversight issued a report in 2021 that found 85% of the police department’s more than 2,600 marijuana-related arrests between July 2017 and June 2020 were for possession of less than 2 ounces of marijuana and Black people made up about 57% of the people arrested. Black residents make up about 24% of the city’s population.
That report led to then-Police Chief Eddie García in 2021 ordering officers to make fewer arrests of people found with small amounts of marijuana and issue citations instead. A follow-up report released in 2023 found although arrests for possession of up to 2 ounces of marijuana between 2018 and 2022 had significantly decreased, Black people still made up 52% of the arrests in 2021 and 69% in 2022.
Ground Game Texas, the nonprofit that backed Proposition R and organized the gathering of at least 20,000 voter signatures for it to qualify for the Nov. 5 ballot, said Tuesday the proposal was drafted to align with state law. Amy Kamp, Ground Game’s spokesperson, said Proposition R calls for decriminalizing a portion of it. The mandate, she said, is a police enforcement policy change, not a requirement to legalize the drug.
“Both the cities of Austin and San Marcos have implemented the same policies without issue, and judges in Travis and Hays counties have affirmed that they’re legal under current state law,” Kamp said. “We’re glad that as of today, the Dallas City Council decided against rejecting the will of the overwhelming majority of their voters based on a misunderstanding of the proposition, and we will be watching closely to ensure it is implemented.”
Staff writer Kelli Smith contributed to this report.