Two Dallas City Council members and the mayor tried to block the implementation of Proposition R, which decriminalizes small amounts of weed. Photo by Katie Serrano
The city’s top cop told officers to follow the Dallas Freedom Act, which prohibits police from charging people with misdemeanor possession of marijuana if they have 4 ounces or less.
Dallas voters overwhelmingly approved decriminalizing small amounts of weed earlier this month. On Tuesday, Mayor Eric Johnson and two council members tried to delay that reform.
During a meeting on Tuesday to certify the Nov. 5 election results, Council Member Cara Mendelsohn tried to add language to Proposition R — which passed with 66.82% of the vote — to stall implementation until the state legalizes recreational weed.
“The core of this is that state law pre-empts our ability to enforce this ordinance and we need to respect state law and follow state law and if not, we’ll be seeing a lawsuit associated with it,” Mendelsohn said.
Council Member Gay Donnel Willis and Johnson supported the move, which failed. Council members Adam Bazaldua, Omar Narvaez, Tennell Atkins, Paula Blackmon, Zarin Gracey, Paul Ridley and Chad West voted against the clause, according to the Dallas Morning News.
Most council members emphasized their legal obligation to accept the election results and adopt any of the new amendments to the charter, claiming that opposing the motion would undermine the voters’ will. Dallas voters approved 16 charter amendments earlier this month.
Prop R, called the Dallas Freedom Act, prohibits Dallas police from charging people with misdemeanor possession of marijuana if they have 4 ounces or less, unless the offense is part of a felony narcotics investigation, or using the odor of marijuana or hemp as probable cause for searches or seizures. The measure also bans the use of city funds for THC testing unless it’s part of a felony case.
“The Dallas Freedom Act was adopted by a majority of the voters, and the city council has directed that the city comply with the amendment’s provisions. The Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety,” interim City Manager Kimberly Bizor Tolbert said in a press release following the city council meeting.
After the council vote, interim Police Chief Michael Igo told officers to follow the provisions of Prop R.
“The current policy regarding possession of marijuana, two ounces or less, is now obsolete,” Igo wrote in a memo, according to the Dallas Observer.
The proposition made it on the ballot thanks to the efforts from the grassroots organization Ground Game Texas.
“While this is not the first time that our marijuana decriminalization propositions have been described as in conflict with state law, it is important to clarify that this is not true – we drafted these propositions carefully in order to comply with current state law,” Ground Game said in a statement issued following the meeting.
“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,” the group added.
