Texas police ignore local decriminalization ordinance despite voter approval

In a small Texas town, tensions build between police, lawyers and elected officials. In Denton, Texas, police, who have sworn to protect and serve, are reportedly ignoring the will of the people and are continuing with subpoenas and arrests despite a cannabis decriminalization measure approved last year.

NBC DFW reports that a “fight is brewing” in the city over who controls enforcement of cannabis laws.

Police in the city are not complying with the voter-approved decriminalization measure passed last November and are citing and arresting people for minor cannabis possession anyway, according to a special presentation featuring a three-month report by Denton City Manager Sara Hensley at a Tuesday City Council meeting. She also provided an explanation.

During the midterm election on November 5, 2022, voters in Denton passed over 70% of the vote in favor of Proposition B to decriminalize the possession of four ounces or less of cannabis with some exceptions. It also bans police from conducting the smell test on probable grounds and restricts the use of city funds for THC drug testing. Proposal B went into effect on November 22, after campaigning was completed.

According to the City Manager, the Denton City Police Department is acting as if the proposal never went through and is still arresting and summoning people for low-level cannabis possession. Hensley explained that state and federal statutes supersede city law and that police are sworn in by the state.

Denton City Council members Vicki Byrd and Brandon Chase McGee questioned why the law was not being followed. Councilor Byrd asked, “Can you explain to people back home how someone who no one voted for like you has the power to enforce public policy, even after 32,000 voters cast a different directive?” Mayor Pro Tem Brian Beck chimed in also and asked similar questions.

The city manager responded that the police were sworn to the state and therefore the city statute could not overrule Texas law.

Considering the work Denton has done for decriminalization to get Proposition B on the ballot and spread awareness, this is a slap in the face to cannabis advocates in the region.

“By continuing to be cited and arrested for possession of cannabis and paraphernalia in bulk after an overwhelming majority of Denton voters passed an ordinance banning the practice, the Denton Police Department and City Council are staging an authoritarian riot against the voters and taxpayers who pay their salaries. Deb Armintor, a Denton decriminalize representative, told the High Times in a statement.

“Joining these publicly funded insurgents are disgraced councilors Jesse Davis, Chris Watts and Mayor Gerard Hudspeth, who have chosen to support these power-abusing bureaucrats rather than the people they are meant to serve.

“It would mean the world to us here in Denton if our allies across the country took a moment to email these councilors and bureaucrats to let them know the world is watching and they’re on the wrong side of history.”

“Beck and fellow council members Vicki Byrd and Brandon Chase McGee encouraged city officials and other council members to follow the will of voters and let the courts decide what can and cannot be implemented.” https://t. co/htX2ZG0fya

— Decriminalize Denton (@DecrimDenton) February 23, 2023

The Denton Police Department issued a statement when Proposition B was implemented last November.

“As a forward-thinking agency, possession of marijuana alone has not been a priority for the Denton Police Department for several years,” said Denton Police Chief Doug Shoemaker. “It will continue to be so. With this in mind, officers must exercise discretion to protect our community from harm. When possession of marijuana is concomitant with other offenses affecting public safety, including offenses such as drunk driving or firearms violations, such acts cannot and will not be ignored.”

But the Denton Police Department added the following to the press release:

“The Police Department will continue to evaluate aspects of this ordinance as voted through by voters to determine what may be implemented both in accordance with applicable law and with the voices of the populations we serve.”

Between June 2021 and July 2022 of the 65 arrests made by the Denton Police Department for possession of cannabis under four ounces. Note, however, that 15 of those charges were stacked with other non-cannabis related charges and 31 involved guns.

Denton joined San Marcos, Killeen, Elgin and Harker Heights in Texas to overwhelmingly approve local ballot proposals to decriminalize low-level possession, following Austin’s previous decriminalization of cannabis. In other cities there seems to be no problem implementing these measures.

How the police continue to enforce laws in the city remains a matter of controversy.