The Denton City Council in Texas voted 4-3 on May 20 to repeal a nearly three-year-old ordinance aimed at decriminalizing marijuana possession. This decision comes amid legal challenges from Texas Attorney General Ken Paxton, who has filed lawsuits against several Texas cities for similar ordinances.
The ordinance, which was approved by 72% of Denton voters in November 2022, sought to eliminate arrests and citations for marijuana possession of less than four ounces. It also aimed to stop police from conducting THC testing and using the smell of marijuana as probable cause for searches.
Cities like Austin, San Antonio, Killeen, San Marcos, and Dallas have implemented similar measures, but Paxton’s lawsuits against these municipalities have raised concerns about their legality. He argues that local governments cannot override state law, stating, “cities cannot pick and choose which state laws they follow.”
Prior to the repeal vote, council members expressed the financial burden of potential legal battles, estimating that defending the ordinance could cost the city around $200,000. Additionally, a ruling from the 15th Court of Appeals placed a temporary injunction on San Marcos, highlighting the challenges faced by cities trying to enact such reforms.
Denton City Manager Sara Hensley had previously refused to enforce the ordinance, citing conflicts with state law. Mayor Gerard Hudspeth supported this position, reiterating that the city lacked the authority to enforce the ordinance.
Community members voiced strong opposition to the repeal during the council meeting. Anjelica Fraga Escalante, a local resident, expressed disappointment, stating that this was not the first time the council has overturned a voter-approved initiative. Deb Armintor, a member of Decriminalize Denton, protested outside the city hall before the vote, emphasizing that all four districts in Denton had overwhelmingly supported the ordinance.
Council Member Brandon Chase McGee voted against the repeal, arguing that it undermines public trust in local governance. He remarked, “It’s awful. How will voters trust us?” McGee believes that the fight for marijuana decriminalization in Denton is not over and advocates for exploring legal avenues to address low-level marijuana offenses.
The repeal of Denton’s ordinance reflects broader tensions in Texas regarding marijuana policy, as cities navigate legal risks while attempting to respond to public demand for reform. As the situation evolves, community advocates continue to call for more progressive cannabis policies in the state.
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