Three local marijuana decriminalization referenda passed last week

Forgive me if my enthusiasm is modest.

This General Election, Texans voted to decriminalize marijuana on ballot measures in Lockhart, Bastrop, and Dallas.

According to The Dallas Morning News, about 67% of Dallas voters supported the proposition decriminalizing small amounts of marijuana, Proposition R. The charter amendment prohibits police from arresting or citing individuals suspected of possessing four ounces or less of marijuana, with the expectation og benign part of a felony investigation involving violence or narcotics.

In addition, “Dallas police shall not consider the odor of marijuana or hemp to constitute probable cause for any search or seizure,” Prop R reads.

“We got all 3: Dallas, Lockhart, and Bastrop! Texans continue to prove when they have the opportunity to vote, they will overwhelmingly decriminalize marijuana!” Texas Cannabis Collective, a cannabis advocacy group, wrote on X.

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Other Texas cities such as Austin, Denton, San Marcos, Killeen, and Elgin have also adopted measures to decriminalize low amounts of marijuana. Attorney General Ken Paxton unsuccessfully sued these cities arguing they don’t have the right to adopt such measures, however, it is possible that he’ll try to sue Dallas as well.

Meanwhile, voters expressed their support for the measure.

“We have a lot of people in jail for small amounts of marijuana, and it shouldn’t be like that,” Enoch Correa, a Dallas voter, told The Dallas Morning News.

“Together, we’ve taken a big step toward justice, freedom, and a better future for our community,” wrote Ground Game Texas, one of the groups behind the proposal. “This is more than a victory for marijuana decriminalization—it’s a win for the people of Dallas!”

I think it’s 100% likely that Ken Paxton will aim to block this ordinance from taking effect in Dallas. It is true that the lawsuits he filed against San Marcos and Austin lost in district court, but we all know this will end up at the Supreme Court’s doorstep, and I see no reason to be optimistic about it. And that’s assuming that the next Legislature, which will be both more Republican and more Paxton-friendly, doesn’t take another dump on home rule and local control and negate all of those referenda by fiat.

This has been my concern all along, and while the matter has taken time to move through the legal system, its ultimate fate seems clear. I’ll be happy to be wrong, but I’ll also be greatly surprised to see our Republican overlords allow for this particular finger to be poked into their eyes with no retribution. They have been very consistent on that.

It’s also time to retire the idea that putting forward a progressive ballot initiative will somehow help turnout for candidates who support those ideas. The votes to protect abortion rights in other states and the Ground Game Texas pro-marijuana votes have shown quite clearly that a lot of people are comfortable with supporting a particular issue while also supporting politicians who vehemently oppose that issue. The much harder work of electing a legislative majority for these issues, as well as a statewide leadership that won’t undermine them, is what needs to be done. I respect what Ground Game Texas tried to do, it was worth the effort, but it’s not sustainable. I wish there were an easier way, but there isn’t.

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One Response to Three local marijuana decriminalization referenda passed last week

  1. Pingback: Dispatches from Dallas, November 15 edition | Off the Kuff

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