The Denton City Council is poised to repeal its low-level marijuana decriminalization ordinance, known as Proposition B, during a meeting on Tuesday. This ordinance, passed by over 32,000 voters in the November 2022 municipal election, has never been enforced. Proposition B aimed to restrict the use of city funds for cannabis testing, eliminate citations for possession of less than 4 ounces of marijuana, and limit arrests or citations for marijuana to cases involving felony narcotics or violent felonies.
City Manager Sara Hensley stated in an agenda information sheet that the city would not enforce the marijuana ordinance. She cited legal pressures from Texas Attorney General Ken Paxton’s lawsuits against Denton and five other cities, claiming their cannabis ordinances contravene state law.
District 2 council member Brian Beck criticized the council’s decision to recommend repeal, arguing it disregards the will of the nearly 73% of voters who supported the initiative. He emphasized that the ordinance represents the voice of the residents and should not be discarded due to external political pressures.
In response to the potential repeal, Decriminalize Denton, a grassroots organization that championed Proposition B, has organized a rally outside City Hall on Tuesday evening to gather public support for maintaining the ordinance. The group argues that the ordinance is essential for public safety and community welfare.
Decriminalize Denton’s spokesperson, Deb Armintor, expressed frustration over the lack of community engagement regarding the repeal. She noted that the city had failed to enforce the ordinance since its passage and criticized the council for not holding city officials accountable.
Legal challenges from Attorney General Paxton have led to heightened scrutiny of local cannabis policies in Texas. Last year, he filed lawsuits against Denton, Dallas, Austin, Elgin, Killeen, and San Marcos, claiming their local laws conflicted with state drug regulations. These lawsuits prompted concerns about the legality of local ordinances that decriminalize marijuana possession.
Armintor pointed out that Dallas has continued to implement its decriminalization initiative despite the lawsuits, suggesting that Denton should follow suit instead of retreating. She emphasized that the actions of other cities should not dictate Denton’s path forward.
The legal landscape regarding cannabis in Texas remains uncertain, as recent court decisions have yet to resolve the fundamental questions surrounding the authority of local governments to enact cannabis decriminalization laws. Denton attorney Richard Gladden criticized the city officials for misrepresenting court rulings related to the enforcement of these ordinances, claiming that the courts have not definitively ruled against them.
As the City Council prepares to vote on the repeal, the outcome could significantly impact Denton’s approach to cannabis regulation and the ongoing conversation about local authority in Texas. With public sentiment strongly favoring decriminalization, the council’s decision will reflect its commitment to community representation amid legal and political pressures.
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