Local Cannabis Reform Gains Momentum in Texas
In a pivotal move for local cannabis policy reform, Dallas voters may decide to decriminalize cannabis via an initiated charter amendment in November 2024. Activist groups Dallas Action and Ground Game Texas successfully collected more than 50,000 signatures to present the “Dallas Freedom Act” to Dallas City Council.
In order for an initiated charter amendment to make it to Dallas’ ballot, it must receive 20,000 signatures from registered voters and be reviewed by the City Council for procedural compliance. Then, residents will have the opportunity to vote on the matter.
If the Council advances the Dallas Freedom Act and voters approve it, the new law could put an end to cannabis arrests by local law enforcement for possession of up to four ounces. Presently, adult-use cannabis is not permitted in Texas. Possession of cannabis between two and four ounces is classified as a Class A misdemeanor, carrying a potential sentence of up to one year in jail. Council Member Chad West is set to formally propose the Act at the City Council meeting on June 26.
In 2015, Texas passed the Compassionate-Use Act to allow physicians to prescribe medical cannabis for intractable epilepsy. In 2019 and 2021, the Act was amended to include a select number of other conditions. In total, there are only 26 medical cannabis dispensary locations across the State operated by a total of three dispensing organizations. The Texas Department of Public Safety began accepting new medical cannabis dispensing organization applications in January 2023 and received over 130 applications last year alone. However, it is still unclear how many new licenses will be issued. In the meantime, local ordinances decriminalizing cannabis have become increasingly popular to the dismay of politicians.
In January 2024, Texas Attorney General Ken Paxton initiated a lawsuit against Austin over its adoption of a local non-prosecution policy concerning cannabis possession. Attorney General Paxton and Governor Greg Abbott contended that the local ordinance undermined Texas state laws. On June 11, 2024, Travis County District Court Judge Jan Soifer upheld Austin’s decriminalization measure and dismissed Paxton’s lawsuit as well as his request for a temporary injunction.
Supporters argue that these targeted policies are steps towards more equitable and just enforcement of drug laws, as the criminalization of cannabis disproportionately impacts communities of color and low-income individuals. Amnesty and non-prosecution policies can help to mitigate the negative consequences associated with cannabis convictions, such as barriers to employment and housing. However, Attorney General Paxton views these types of policies as an overreach of local authority and a violation of state law. He argues that Texas explicitly prohibits the possession and distribution of cannabis, and local jurisdictions do not have the authority to circumvent these laws. Notwithstanding, a handful of Texas cities have continued to advance cannabis decriminalization measures in the face of backlash and scrutiny.
Local decriminalization measures have been largely successful in Texas. Austin received 85% of votes in support of decriminalization; San Marcos saw 82% of votes in favor; Elgin followed with almost 75%; 71% of voters were in favor in Denton; and Killeen received close to 70% of votes in support. On May 4, 2024, Lubbock voted on Proposition A, which would have ended arrests for individuals possessing four ounces of cannabis or less; however, 65% of voters rejected the measure. Activists are still collecting signatures in Lockhart, Texas, in hopes of another successful cannabis local decriminalization effort.
The dismissal of Paxton’s lawsuit could have significant implications for the future of municipal cannabis regulation in Texas. Now, other municipalities may be emboldened to follow suit and adopt similar policies, potentially paving the way for widespread change to Texas’ approach to cannabis law enforcement. However, Attorney General Paxton may still appeal the holding to state court where a victory for Paxton could create precedent to limit the abilities of local governments to enact their own policies.
As the legal battle between the Texas Attorney General and the targeted municipalities continues to unfold, all eyes will be on the outcome and its potential implications for cannabis policy reform in the Lone Star State.
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