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TEXAS — A nearly three-year struggle over a “decriminalize marijuana” ordinance concluded with Denton City Council voting to repeal it.
On May 20, city leaders passed the repeal in a 4-3 vote, officially closing the door on the ordinance.
Anjelica Fraga Escalante, a Denton resident, who was in attendance at the city council meeting, expressed her disappointment with the city’s decision.
“Not the first time that Denton City Council has repealed an ordinance that was passed through ballot initiative,” Escalante said.
Escalante was one of more than a dozen residents who voiced their displeasure with the city doing away with an ordinance that 72% of Denton voters overwhelmingly passed in a Nov. 2022 election.
The ordinance was meant to end enforcement of marijuana possession arrests or citations for anything less than four ounces, stop THC testing, and halt the use of the smell test as probable cause.
The ordinance, constructed by Ground Game Texas, has also passed in other cities like Austin, San Antonio, Killeen, San Marcos, and most recently, Dallas.
Deb Armintor held a protest outside city hall before the vote was made. She is a member of Decriminalize Denton, an organization that helped garner the needed signatures to get the ordinance on that 2022 ballot.
“You all know why we’re here, right? All four districts in the city of Denton voted overwhelmingly for Proposition B,” Armintor exclaimed.
However, even with the ordinance on the books for nearly three years, Denton City Manager Sara Hensley has refused to enforce Prop B, citing that it goes against state law.
Before the votes were cast, Denton Mayor Gerard Hudspeth stood his ground on the matter, backing the city manager’s decision to never enforce the ordinance.
“I’ve been consistent in that it violates state law, and we don’t have the opportunity to enforce it,” Hudspeth said.
Texas Attorney General Ken Paxton has filed lawsuits against Austin, San Marcos, Killen, Elgin, Denton and Dallas for passing this kind of ordinance.
In November, when Paxton announced he’d be suing Dallas, he said, “cities cannot pick and choose which state laws they follow. The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”
Denton city leaders, who voted to repeal the ordinance, say they decided due to the $200,000 in legal fees to battle Paxton in court and the 15th Court of Appeals ruling to place a temporary injunction on San Marcos’s ability to enforce their marijuana ordinance.
Denton City Council Member Jill Jester made an impassioned speech, telling constituents she took a great deal of time to make this decision to vote for a repeal.
“It’s the writing on the wall of what they are going to decide here on out,” Jester noted.
But some Denton residents say the city’s lack of enforcement and repeal oppose the will of the voters.
“All four of those council members who voted ‘yes’ to repeal should be recalled,” Armintor said.
Council Member Brandon Chase McGee voted against the repeal. He told Spectrum News 1, after the meeting, that this move will only damage people’s faith in democracy. “It’s awful. How will voters trust us?”
While the other cities continue to fight in court, Denton leaders, like McGee, say it’s time to go back to the drawing board and find legal routes to address the way low-level marijuana crimes are affecting everyday Denton residents.
“I don’t think this fight is over today. I know this fight isn’t over today,” McGee said.
“}]] Denton City Council repealed a decriminalize marijuana ordinance 4-3, citing the ongoing legal pressure from Attorney General Ken Paxton. Read More
