Dallas blocks marijuana decriminalization after court ruling

DALLAS — A charter amendment that aimed to decrease arrests for low-level marijuana possession in Dallas won’t be enforced, for now.

On June 28, the City of Dallas agreed to issue a temporary injunction blocking the enforcement of Proposition R. 

The ordinance, also known as the Dallas Freedom Act, was passed by voters last November with a 66.5 percent majority. Under the rule, the Dallas Police Department would have been banned from making arrests or issuing citations for possession of four ounces or less of marijuana, except as part of a larger felony investigation. It also would have barred officers from using the smell of marijuana as probable cause for searches.

Supporters of the measure claim it would reduce unnecessary arrests, address racial disparities in marijuana enforcement, and allow police to focus on more serious crimes.

Texas Attorney General Ken Paxton argues it preempts state law. Weeks after voters passed the measure, Paxton filed a lawsuit against the City over Proposition R.

In January, the proposition went into effect, and DPD officers enforced it. But in April, a state appeals court sided with Paxton, striking down similar decriminalization ordinances in Austin and San Marcos. 

Now, the City is backing down on its enforcement, at least temporarily. As part of this agreement, the city and its leaders are not allowed to enforce or carry out any part of Proposition R for now. They also can’t punish city employees, namely officers, who don’t follow it.

The court order will stay in place until the lawsuit is resolved, but an official trial date has yet to be announced.

WFAA has reached out to the City of Dallas and the attorney general’s office for comment, but has not heard from either entity at the time of publishing.