Dallas voters decriminalize marijuana in small amounts

Dallas voters have decided to decriminalize small amounts of marijuana, making the city one of the largest in the country to do so.

As of 12 p.m. Wednesday, results show nearly 70% approval for Proposition R, also known as the Dallas Freedom Act.

Recreational use is still illegal in Texas and medical use is legal through a state program. However, what voters have passed in Dallas is the way in which police can react to marijuana possession within Dallas city limits.

Prop R amends the city charter and makes small amounts of marijuana a low priority for police. Specifically, it prohibits police from arresting or citing people suspected of possessing four ounces or less of marijuana. It also prevents police from considering the odor of marijuana as probable cause for a search or seizure.

This ended up on the ballot because earlier this year, a coalition led by the Austin-based nonprofit, Ground Game Texas, successfully gathered enough signatures on a petition. The group has made similar moves for different issues in cities across Texas.

“A passionate and dedicated Dallas field team as well as strong community support made this historic victory possible. Field workers’ tireless efforts resulted in over 50,000 signatures on Ground Game’s petition to get weed on the ballot and an overwhelming majority of votes in favor of decriminalization,” the nonprofit said in a statement on Wednesday.

With the signatures, the law required the Dallas City Council to put Prop R on the ballot.       

Supporters cite the changing perception and use of marijuana for anxiety and other health issues, as well as the changing and varying marijuana laws in states across the country. Those who supported Prop R also said the measure can help keep the Dallas jail system from being bogged down for small offenses and misdemeanor arrests, which then impacts communities and city services even further.

"I think more than anything, through our data, it shows that it frees up public resources at a time when there's such a scarcity around city resources. I think that matters,” said Catina Voellinger, executive director of Ground Game Texas, in an interview with NBC 5 following the proposition’s passage. "One can say that if someone is arrested for a joint – maybe several times – they could have trouble finding housing. They could find trouble finding maybe stable employment or keeping their families together. So, I think we're rooted in those values. And it shows at the ballot box."

The measure also received support from celebrities like Willie Nelson.

However, critics like former Dallas Police Chief Eddie Garcia, say that four ounces is an amount used by many drug dealers. In August, he told city leaders that Dallas police officers already don’t enforce possession under two ounces, and warned increasing it to four ounces wouldn’t help lower crime.

Dallas Councilmember Cara Mendelsohn said during a briefing in August the measure would benefit “drug dealers and drug houses.”

“If people would like to decriminalize or legalize marijuana, they need to be talking to their state reps and state senators, their congressmen and their (U.S.) senators,” Mendelsohn said.

Either way, Dallas could face a legal fight with state leaders like State Attorney General Ken Paxton, who has said that ordinances like Prop R violate Texas law.

His office has sued other cities like Austin, Denton and Killeen, which passed similar ordinances in recent years decriminalizing small amounts of weed.

Voellinger said in Hays and Travis counties, those lawsuits were dismissed by judges based on merit.

What remains to be seen is how the city of Dallas moves forward in implementing the new measure passed by voters.

“As exciting as tonight's victory is, we know we have work to do in seeing that the policy is correctly implemented, as well as defending that implementation from baseless attacks by Attorney General Ken Paxton,” Voellinger said. “We look forward to continuing to work with our community partners in Dallas to ensure the Dallas Freedom Act goes into effect, as well as continuing to build our movement across the state.”

Ground Game Texas said it has encountered issues in the past, most recently with Harker Heights in the Waco area, which didn't want to implement the ordinance despite voters approving it.

“So we went up and had the community come out, sign a referendum and put it back on the ballot. We took it again and won,” said Voellinger.

NBC 5 has reached out to the city of Dallas for a statement on how city leaders plan to implement the new measure with Dallas Police.