Dallas (Texas) decriminalizes cannabis possession up to 112 grams

Voters in Dallas, Texas, have decided to decriminalize possession of less than 4 ounces (112 grams) of cannabis, an measure designed to limit legal repercussions of cannabis possession and make cannabis enforcement a lower priority for the city's police.

Dallas votes to decriminalize cannabis possession

Approval of the proposal R means that possession of up to 4 ounces of cannabis will no longer be a major problem for the Dallas Police Department (DPD). The measure passed with strong support, with around 66 % of voters casting ballots in its favor.

This change aligns Dallas with other Texas cities such as Austin, San Marcos, Killeen and Denton, all of which have adopted similar policies in recent years. The aim is to reduce the number of arrests for cannabis offences and ease the burden on local prison systems.

According to Changa Higgins, of Dallas Action, an organization that campaigns for criminal justice reform, this change is in response to questions of fairness and proportionality in the application of the law.

«Our prison is full of people arrested for minor offenses,» Higgins noted to local media.

Limits and new policies for police enforcement

In addition to denying priority to cannabis-related arrests, Proposition R contains additional guidelines for police handling of cannabis. Firstly, it prohibits police officers from using the smell of cannabis as grounds for a search or seizure. This rule is intended to prevent unnecessary legal intrusions based solely on smell, a practice that has led to numerous arrests despite Texas' permanent ban on cannabis.

In addition, Proposition R restricts the use of city resources for cannabis testing, meaning Dallas will no longer allocate funds to determine whether a substance contains THC levels that would classify it as cannabis under state law. This could alleviate the financial pressure on city budgets associated with cannabis enforcement, allowing resources to be redirected to other areas of public safety.

The Texas Attorney General Ken Paxton, is not necessarily in phase with the idea. It has already challenged similar measures in Denton and Austin, arguing that they were contrary to state law. Dallas could therefore face similar opposition, with the possibility of future legal proceedings to determine the legality of the measure.

As indicated by Eddie Garcia, former Dallas police chief, in August, the decision raises concerns about the amount of cannabis allowed under the policy. Mr. Garcia pointed out that «4 ounces is not small or for personal use».

Dallas' decision is particularly significant, given that it is one of the largest U.S. cities not to have decriminalized cannabis to date. For example, of the top ten U.S. cities, cannabis is legal in six - including New York and Los Angeles- while Dallas, like Houston, San Antonio and Philadelphia, is lagging behind in this area.

At the same November vote, the Florida voted against cannabis legalization.