Dallas Police Halt Low-Level Marijuana Arrests Following Proposition R Implementation
In a significant policy shift, Dallas police officers are no longer making arrests or issuing citations for marijuana possession under four ounces. This change comes as part of the implementation of Proposition R, also known as the "Dallas Freedom Act," which was passed by 66% of voters in November.
According to an internal memo from Dallas Interim Police Chief Michael Igo, officers are now prohibited from using the odor of marijuana as probable cause for search and seizure, except in cases involving violent felonies or high-priority narcotics investigations. The previous policy, which required officers to confiscate but not cite or arrest individuals for possession under two ounces, has been deemed obsolete.
Despite these changes, marijuana remains illegal in Dallas and across Texas. Under state law, possession of two ounces or less of marijuana is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. Possession of between two and four ounces is a Class A misdemeanor, carrying penalties of up to a year in jail and a $4,000 fine.
Concerns About Public Safety
The policy shift has sparked debate about its potential impact on public safety. Former Dallas Police Chief Eddie Garcia voiced concerns last year, suggesting that the changes could lead to increased illegal marijuana sales and a decline in quality of life in certain areas. Interim Chief Igo emphasized the importance of professionalism, reminding officers of their duty to uphold the department's standards.
“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 warned in 2023.
Broader Implications
Dallas joins other cities nationwide in adopting more lenient approaches to marijuana enforcement. However, Texas Attorney General Ken Paxton has challenged similar ordinances in other Texas cities, including Denton, arguing they conflict with state law.
Dallas County District Attorney John Creuzot previously noted that 97% of misdemeanor marijuana cases in the county involved possession of less than two ounces. Critics of Proposition R argue that the policy could hinder law enforcement’s ability to target drug dealers, as four ounces of marijuana is equivalent to roughly 38 average transactions in Dallas.
Context of Marijuana Laws in Texas
While Texas has not legalized recreational marijuana, it operates a limited medical marijuana program under the Texas Compassionate Use Act, passed in 2015. The program permits low-THC prescriptions for patients with specific medical conditions.
Additionally, the 2018 Farm Bill and subsequent Texas legislation legalized the production and sale of industrial hemp containing no more than 0.3% THC. This has led to the proliferation of CBD and other hemp-derived products in the state.
As Dallas adjusts to the new guidelines under Proposition R, the debate over marijuana legalization and enforcement continues to evolve, with significant implications for law enforcement, public policy, and community dynamics.
