Vicente LLP
[co-author: Daniel Molina]
With an expanding cannabis and hemp market and an upcoming legislative session that will consider medical cannabis expansion, hemp regulation, decriminalization, and other cannabis matters—we have our eyes on Texas! Texas currently has one of the biggest hemp markets in the country, adult use remains illegal and the state’s medical cannabis program is among the most restrictive in the nation. However, some localities are actively working on decriminalization and public education efforts, and a lot could change in the upcoming legislative sessions.
This inaugural blog post will be the first in our Texas series following legislative and policy developments in the Lone Star State! Read on for the first blog of our series which covers updates on cannabis reform and decriminalization measures in cities like Dallas and Austin, which are set to be on the ballot in November.
Dallas To Put Cannabis Decriminalization to the Voters
On August 14, 2024, the Dallas City Council voted to include a cannabis decriminalization measure, dubbed the “Dallas Freedom Act,” on the November general election ballot. The measure passed by an eleven to four margin, marking an overwhelmingly positive step for cannabis users in Dallas. That approval vote is now known as Ordinance No. 32799. It orders a special election to be held in the city of Dallas on November 5, 2024, to adopt amendments to the Charter to reform cannabis enforcement. The petition to decriminalize cannabis in Dallas, the third largest city in Texas, was started by the social justice group Ground Game Texas, the driving force behind similar bids to decriminalize cannabis possession in other Texas cities.What is the Dallas Freedom Act?
“The Dallas Freedom Act is about more than just marijuana—it’s a step toward broader social justice, smarter use of public resources, and protecting civil liberties in Dallas,” Natalie Marquez, Ground Game Texas field director, said in an official statement on August 15, 2024. Specifically, if approved by voters in November, the Dallas Freedom Act will:- Prohibit the Dallas Police Department (“DPD”) from making arrests or issuing citations for marijuana possession, except as part of a narcotics felony or violent felony investigation
- Prohibit city funds from being used to test cannabis-related substances to determine whether a substance meets the legal definition of “marijuana” except in limited circumstances
- Prohibit the odor of marijuana or hemp from constituting probable cause for any search or seizure, except in limited circumstances
- In the event a court order prohibits the nonenforcement of misdemeanor cannabis possession, make enforcement of misdemeanor cannabis possession the DPD’s lowest enforcement priority
- Require quarterly reports, in consultation with the chief of police, concerning the implementation of the policy to be presented to the city council