Despite being approved by voters in November 2022, Proposition B, an ordinance to end citations and arrests for minor marijuana possession in Denton, Texas, will not be fully implemented due to conflicts with state laws, according to a recent report by the North Texas Daily. The Texas Local Government Code states that local governments may not adopt policies that cannot fully enforce drug-related laws, which has posed a challenge for Denton city officials seeking to implement the measure.
During a Denton City Council meeting held on Feb. 21, city manager Sara Hensley presented the challenges faced in implementing Proposition B. According to the report, Hensley and Denton Chief of Police Doug Shoemaker are working together to find ways to legally implement some sections of the ordinance. However, enforcement of laws regarding marijuana possession is a low priority for the police department, Shoemaker said, but the chief of police cannot discipline an officer for enforcing state law. Denton PD has also stopped implementing the “smell test,” which means that probable cause for search can no longer be solely based on the smell of marijuana.
Data collected by Hensley showed that 52 citations, including one arrest in a drug-free zone, were issued by Denton PD for marijuana possession from November 1, 2022, to January 17, 2023. Of these, 23 involved offenses other than possession of marijuana, such as warrants, trespassing, or public intoxication.
Several other Texas cities passed similar ordinances in the recent election, including Austin, Elgin, Harker Heights, Killeen, San Marcos, and San Antonio. Only Austin has fully implemented the measure, while the eligibility of Elgin’s ordinance has not faced major opposition. However, Harker Heights, Killeen, San Marcos, and San Antonio have either repealed or not fully implemented their ordinances due to conflicts with state and federal laws.
In the city of Denton, all citations regarding drug paraphernalia are eligible for deferred disposition and expunction. Deferred disposition allows citizens to pay a citation fee or complete community service hours, and they must receive no further citations for an additional 90 days for the charge to be dropped and not appear on their criminal record. Once successfully completed, the citizen can then file for expunction, which erases all records related to the arrest, allowing them to state they were never arrested or cited.
During the March 7 city council meeting, council member Jesse Davis proposed a work session to further discuss the aspects of the ordinance that the city council can implement and the best ways to do so. City council member Brian Beck expressed his support for fully implementing the ordinance, stating that the citizens of Denton want it. The work session is on the agenda for the next meeting.