Groups pushing to legalize possession of small amounts of marijuana in Austin and other Texas cities have announced they have filed a petition asking Dallas voters to decide on the issue in November.
If the measure is put on the ballot and passed by voters, Dallas would become the largest city in the state to ban arrests for low-level marijuana possession, even though recreational use of marijuana remains illegal in Texas.
Ground Game Texas, a social justice nonprofit, said its members delivered nearly 50,000 signatures to Dallas City Council on Monday, asking the city to amend its charter to prohibit police from citing or arresting people accused of possessing up to four ounces of marijuana. The group says the proposal needs at least 20,000 valid signatures from registered voters to be considered.
“We believe we will get enough signatures and the bill will pass,” said Amy Kamp, a spokeswoman for Ground Game Texas. “If the bill passes, we believe we will see policy changes that truly respect people, prevent them from being unfairly targeted for simple marijuana possession, and make better use of public resources.”
The group has supported similar efforts, with voters in Austin, Denton, Elgin, Harker Heights, Killeen and San Marcos approving ordinances to decriminalize marijuana possession in 2022. Kamp said Dallas would be the first city to make this a charter amendment rather than a local law change.
San Antonio voters rejected decriminalizing low-level marijuana offenses locally last year, and Lubbock voters did the same in May.
Attorney General Ken Paxton filed a lawsuit in January against Austin, Denton and three other cities, alleging that their ordinances decriminalizing marijuana violate state law. A Travis County judge dismissed the lawsuit earlier this month.
Dallas is considering changes to its city charter, which typically come every 10 years and require voter approval. The City Council is scheduled to vote Wednesday to approve a series of proposals for voters to consider on the Nov. 5 election ballot.
Possible reforms under consideration include increasing pay for the mayor and city council members, moving city council elections to a ranked choice voting system and extending the terms of office for district council members.
Ground Game Texas’ petition was filed after council members Chad West, Adam Bazaldua, Zarin Gracie and Jayme Resendez announced earlier this month that they would propose charter amendments to reflect the nonprofit’s petition.
Mr. West Dallas Morning News Earlier this month, he said he believed the amendment would have enough support from Dallas voters to pass if it went before voters, and he predicted Paxton would sue the city to overturn the amendment.
“I have no doubt that (Ground Game Texas) has collected at least 20,000 valid signatures,” West said, “and they will put this on the ballot anyway. It would be better to cut back significantly on this and the staff time spent by the City Clerk’s Office approving petitions.”
Currently, possession of less than two ounces of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. Possession of two to four ounces of marijuana is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
Black people have been disproportionately represented among people arrested for possessing small amounts of marijuana in Dallas for years, according to city records.
Dallas’ Community Police Oversight Office released a report in 2021 that found that of more than 2,600 marijuana-related arrests made by police between July 2017 and June 2020, 85% were for possession of less than two ounces of marijuana, and that about 57% of those arrested were Black, who make up about 24% of the city’s population.
In response to the report, Police Chief Eddie Garcia ordered officers in 2021 to make fewer arrests of people found in possession of small amounts of marijuana and to issue citations instead.
A follow-up report released in 2023 found that while arrests for possession of up to two ounces of marijuana dropped significantly between 2018 and 2022, Black people still made up 52% of arrests in 2021 and 69% of arrests in 2022.
Citizen-led proposed charter amendment
The Ground Game Texas petition is one of four citizen-led petitions being considered to amend the city charter. City Commissioner Biliera Johnson said Monday that the other three petition signatures were submitted last week by another nonprofit coalition called Dallas HERO. Members of the coalition say the proposals are aimed at increasing public safety and holding city officials accountable to residents.
One proposal would require the city to add 1,000 police officers to bring the overall number up to at least 4,000, to make the police department’s starting salary and benefits in the top five of all North Texas departments, and to transfer 50% of the city’s surplus revenue to the Dallas police and fire pension system.
The second proposal would allow the city of Dallas to waive its government immunity, allowing residents to sue the city to force city officials to comply with city charter provisions, city ordinances, and state law.
The final proposal would require the mayor to face a range of consequences, from performance bonuses to firing, depending on the results of the city’s annual community survey.
Dallas police staffing levels and a more than $3 million underfunding of the city’s police and fire pensions have been a concern for some city officials and residents in recent years. Dallas is in the midst of searching for a new mayor after T.C. Broadnax announced his resignation in February and was hired by Austin’s city manager two months later. The mayor is the city’s chief administrative officer and is appointed by the City Council.
Former state Rep. Stephanie Carter, who serves as Dallas HERO’s chair emeritus, told council members at the June 18 meeting that the group has submitted more than the minimum number of signatures required and is confident the proposal will appear on the November ballot.
“I have heard the police chief say time and time again that we need more officers, and the residents of Dallas agree. … We all believe in a better, safer and more prosperous city,” Carter said.
