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Members of the Denton (population: 158,000) City Council have repealed a voter-initiated ordinance that sought to halt local police from making low-level marijuana possession arrests.
Last week, city officials voted 4 to 3 to repeal the law, which was approved in 2022 by more than 70 percent of municipal voters. Denton is among a number of Texas cities that are being sued by the state’s Republican Attorney General Ken Paxton, who argues that localities are forbidden from implementing policies that fail to “fully enforce laws related to drugs.” State law defines marijuana possession of two ounces or less as a criminal misdemeanor, punishable by up to 180 days in jail, a $2,000 fine, and a criminal record.
City officials had spent some $200,000 in legal fees responding to the lawsuit.
In recent months, officials in the Texas cities of Bastrop (population: 11,700), Lockhart (population: 15,300), and Harker Heights (population: 34,000) have each declined to adopt similar voter-approved ordinances out of fear of protracted litigation.
In March, a Texas appellate court issued a pair of rulings halting the implementation of voter-approved depenalization initiatives in the cities of Austin (population: 980,000) and San Marcos (population: 72,000).
In addition to the Attorney General’s legal efforts, Texas lawmakers are also moving forward with legislation to prohibit localities from placing any future marijuana-related measures on the ballot. Specifically, Senate lawmakers recently approved SB 1870, which forbids voters from deciding upon any local ordinances that seek to decriminalize marijuana. The measure also prohibits cities and towns from adopting policies that do not “fully enforce” the state’s criminal marijuana laws.
Texas is far from the only state where GOP lawmakers are pushing to strip away voters’ ability to weigh in on marijuana policies. Earlier this month, Republican Gov. Ron DeSantis signed legislation into law making it more difficult for entities to place ballot initiatives before Florida’s voters. Passage of the new law followed the narrow defeat of Amendment 3, which sought to regulate the adult-use cannabis market.
Also this year, Idaho lawmakers approved a resolution asking voters to provide legislators with the exclusive authority to amend state laws specific to the legalization or decriminalization of marijuana and other controlled substances. If enacted, no future initiatives pertaining to how marijuana or other controlled substances are regulated will be permitted to appear on the Idaho ballot.
And in Nebraska, Republican Attorney General Mike Hilgers is pursuing legal efforts to nullify a pair of voter-approved initiatives legalizing patients’ access to medical cannabis. Those measures passed with over 70 percent of the vote.
In response to these efforts, NORML’s Deputy Director Paul Armentano said: “In a healthy democracy, those with competing visions on public policy vie for voters’ support and abide by their voting decisions. However, it is becoming clear that those who oppose marijuana policy reform would rather take voters out of the equation altogether. Whether or not one personally supports or opposes cannabis legalization, these cynical and undemocratic tactics ought to be a cause of deep concern.”
NORML’s legislative alert opposing SB 1870 is available in NORML’s Take Action Center.
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