City of Dallas pauses enforcement of voter-approved marijuana law

Dallas pauses marijuana law

The city of Dallas is pausing a voter-approved law that decriminalized possession of less than four ounces of marijuana after an appeals court ruling on a similar law in Austin.

The city of Dallas is no longer enforcing a charter amendment pertaining to marijuana.

Voters last November overwhelmingly approved changes to the Dallas city charter that decriminalized smaller amounts of marijuana.

Sixty-seven percent of Dallas voters agreed to decriminalize less than four ounces of marijuana.

That amendment restricted police from arresting most people who possess less than four ounces of marijuana. It also prevented police from using the odor of marijuana by itself as probable cause.

Attorney General Ken Paxton immediately sued the city.

What they're saying:

Former Dallas County Assistant District Attorney Russell Wilson said Paxton was challenging whether the city's law has passed conflicts with state law and whether the city can pass such a law.

Last week, enforcement of the law was put on hold following an appeals court ruling on a similar law in Austin.

The city of Dallas filed a joint motion with the AG's office for a temporary injunction. A move that, on its surface, might look like the city is going against the will of the people.

"So, the city can argue that it does have a right to pass the law as it did," Wilson said. "And that issue can be argued. It just means in the meantime, until that issue is argued, the city couldn't begin immediately enforcing the law."

The backstory:

Court documents from the motion cited an April ruling out of the 15th Court of Appeals in Austin.

The city's filing pointed out that similar voter initiatives in San Marcos and Austin got roadblocked by the AG's office when the appeals court reversed the trial court's denials of the state's application for a temporary injunction.

While there was broad voter support for decriminalization in Dallas, the police chief at the time, Eddie Garcia, said it was not a good idea.

Before the 2024 vote, he warned that what might seem like a small amount is still enough to facilitate drug dealing.

The other side:

"In my opinion, four ounces is not a small amount for personal use," Garcia said at the time.

Wilson said the San Marcos and Austin rulings will likely be fast-tracked to the Texas Supreme Court.

Whatever comes down from there will likely decide how Dallas will move forward.

"If it's put on an expedited timeline because it's an injunction, it may be heard before the end of the year," Wilson said. "So, you can seek expedited appellate relief on injunctive issues."

Wilson thinks the Supreme Court ruling would send broad guidance for cities statewide.