Dallas police officers have been given new guidance on how to handle marijuana possession cases. Under the recently passed Proposition R, officers are now prohibited from arresting or citing individuals for possessing four ounces or less of marijuana. This policy shift also restricts police from using the odor of marijuana as probable cause for search and seizure, except in cases involving violent or high-priority narcotics felonies.
The new policy, outlined in an internal Dallas Police Department (DPD) memo, marks a significant departure from the previous practice. Officers once confiscated marijuana without issuing citations or making arrests for amounts under two ounces. With the implementation of Proposition R—dubbed the “Dallas Freedom Act” by supporters—the earlier policy has been rendered obsolete.
What Does Proposition R Mean for Dallas Residents?
While Proposition R limits police enforcement of small-scale marijuana possession, it does not legalize marijuana in Dallas. Possession of marijuana remains illegal under Texas state law. For amounts of two ounces or less, it is classified as a Class B misdemeanor, carrying penalties of up to 180 days in jail and a $2,000 fine. Possession of two to four ounces is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.
Proposition R passed in November with 66% voter approval, signaling strong public support for reform. However, state-level opposition remains. Texas Attorney General Ken Paxton has previously filed lawsuits against cities attempting to deprioritize enforcement of misdemeanor marijuana offenses.
Concerns From Law Enforcement
Not everyone agrees with the changes introduced by Proposition R. Former Dallas Police Chief Eddie Garcia expressed concerns that the policy could lead to increased illegal marijuana sales and diminish the quality of life in some parts of the city.
Additionally, Garcia highlighted that four ounces of marijuana represents the equivalent of 38 average transactions in Dallas, raising questions about the policy’s impact on the department’s ability to address drug distribution.
Interim Police Chief Michael Igo has urged officers to maintain professionalism and uphold their duties despite personal opinions about the amendment. “We must remain focused on our responsibilities to the residents of Dallas,” Igo stated in the memo.
How Does This Affect the Legal Landscape in Texas?
Texas remains one of the states that has not legalized marijuana for recreational use. However, the state has taken small steps toward reform. The Texas Compassionate Use Act, passed in 2015, allows physicians to prescribe low-THC cannabis to patients with qualifying medical conditions. Additionally, the 2018 Farm Bill legalized hemp production nationwide, distinguishing hemp from marijuana if it contains less than 0.3% THC. Texas subsequently legalized hemp and cannabidiol (CBD) products in 2019.
While the state has resisted broader marijuana reform, Proposition R reflects a growing movement to reduce penalties and shift law enforcement priorities.
Implications for the Future
Proposition R highlights the complex and evolving relationship between state and local marijuana laws in Texas. As more cities push for leniency, the tension between local governments and state enforcement agencies continues to grow. The broader implications of this policy on public safety, local law enforcement, and marijuana-related arrests will undoubtedly shape the conversation around cannabis reform in Texas.
For now, Dallas residents should remain aware that marijuana possession is still illegal under state law. However, the shift in enforcement priorities under Proposition R marks a meaningful step toward reducing the criminalization of cannabis in the city.
