DALLAS — Dallas police officers have new marching orders when it comes to enforcement of arrests and citations for marijuana possession with the implementation of Proposition R.
According to an internal DPD memo obtained by WFAA, Dallas officers are now prohibited from making arrests or issuing citations for marijuana possession – four ounces or less – nor can they “consider the odor of marijuana as probable cause for search and seizure, except as part of a violent felony or high priority narcotics felony investigations.”
The previous policy regarding possession of marijuana prompted officers to confiscate, but not cite nor arrest people who had less than two ounces of marijuana. Per the memo sent out Friday, that policy is now “obsolete.”
Proposition R, also dubbed the “Dallas Freedom Act” by supporters, passed with 66% of the vote in the November election.
Last year, former Dallas Police Chief Eddie Garcia warned that the proposition could have a negative impact on public safety.
“In my 32 years in law enforcement, in my opinion, it could lead to increased illegal sales and deterioration of quality of life in certain areas of our city,” Garcia told the city council in August 2023.
“Regardless of your thoughts and/or opinions regarding the passing of this amendment, we must remain focused on our dutites and obligations to the Dallas Police Department and the residents of the City of Dallas,” Dallas Interim Police Chief Michael Igo wrote in the memo. “It is crucial to maintain professionalism and composure, as you always represent this exceptional Police Department.”
Is marijuana legal in Dallas now?
No. Proposition R does not make marijuana legal in Dallas.
By Texas law, possession of two ounces or less of marijuana is a Class B misdemeanor punishable by up to 180 days imprisonment and a fine up to $2,000. Possession of between two and four ounces of marijuana is a Class A misdemeanor punishable by up to a year in jail and a fine up to $4,000.
Texas Attorney General Ken Paxton sued five cities in 2023, including Denton, over ordinances to deprioritize misdemeanor marijuana enforcement.
In the past, 97% of misdemeanor marijuana cases in Dallas County were for less than two ounces of weed, according to Dallas County District Attorney John Creuzot.
Garcia previously warned Dallas City Council that implementation of Proposition R could kneecap the department’s ability to charge drug dealers, because he said four ounces represents the equivalent of 38 average marijuana transactions in Dallas.
While Texas is among the states that haven’t legalized marijuana for broad use, but the state has a medical marijuana program called by the Texas Compassionate Use Act passed in 2015. Through the program, DPS operates an online registry of physicians who can prescribe low tetrahydrocannabinol (THC) to patients with specific medical conditions.
The 2018 Farm Bill defined “hemp” as “cannabis and derivatives of cannabis” with no more than 0.3% THC on a dry-weight basis and separated hemp from the definition of marijuana in the Controlled Substances Act, according to the FDA.
Then, in 2019, Texas legalized the production, manufacture, sale and inspection of industrial hemp crops and products, including those for “consumable hemp products which contain cannabidiol (CBD), as well as other edible parts of the hemp plant,” according to the Texas Department of Agriculture.