Proposition R passes forbidding Dallas cops from arresting for less than four ounces of marijuana

DALLAS (1080 KRLD)- Among 18 charter amendments on ballots in the City of Dallas Tuesday was a measure that removes criminal penalties for up to four ounces of marijuana.

Proposition R would forbid police from arresting or citing people with less than four ounces of marijuana and would not allow police to use the smell of the drug as probable cause for a search "except as part of a violent felony or high priority narcotics felony investigation."

The measure passed with 67% support.

"These victories are proof that when you put issues people care about on the ballot, they vote for them. It's as simple as that," says Ground Game Texas Executive Director Catina Voellinger. "As Texans, we are just tired of these outdated, draconian marijuana laws."

Ground Game Texas helped organize the measure and gather signatures. Voellinger says arrests for less than four ounces lead to jail overcrowding and a clogged court system. In turn, she says that leads to increased costs to taxpayers.

"Jailing someone costs about $4,000 in the State of Texas, not to mention the cost to the county to do the processing," she says.

Police Chief Eddie Garcia opposed the measure. He says Dallas Police had already changed its enforcement strategy, directing officers in 2021 not to charge people with less than two ounces.

Dallas Police said 70% of cases in the city were people not likely to distribute. They said the change lessened a burden on officers who would have to spend time processing evidence, booking suspects and writing reports.

Garcia said data showed amounts larger than two ounces led to illegal sales and violent crime.

But in 2019, Texas legalized hemp. Voellinger says officers cannot tell the difference between the two, and cities often do not pay for testing.

"So then what are we doing?" she asks. "We're just citing people, ticketing people, jailing people so it can get thrown out when it hits the court because we can't prove anything."

Other cities in Texas, including Austin, Denton, Elgin, Killeen and San Marcos, have also legalized some marijuana possession. Texas Attorney General Ken Paxton has sued to block the laws arguing local ordinances violate state law, but lawsuits in Hays and Travis Counties have been dismissed.

"You have the AG coming at us, but then we see in Travis County and Hays County, a court saying this is meritless," Voellinger says.

Among cities presenting changes to marijuana enforcement, only voters in Lubbock rejected a proposal.

"After these have been passed overwhelmingly by the voters, we are making sure cities comply," Voellinger says. "We need to also follow up and make sure we have their back to make sure cities follow through with it. That's what we'll be focused on now and also organizing where we go next."