The Dallas City Council voted today against adding language to a resolution that sought to block implementation of Proposition R, a recently approved measure decriminalizing possession of small amounts of marijuana.
The proposed amendment, introduced by District 12 Councilmember Cara Mendelsohn, claimed the voter-approved initiative conflicted with state law and should not be enforced. Proposition R, which passed with 66% support on November 5, decriminalizes the possession of up to four ounces of marijuana, and prohibits Dallas police from using the smell of marijuana as probable cause for searches, seizures, or arrests unless a felony is involved.
“The core of this is that state law preempts our ability to enforce this ordinance,” Mendelsohn said.
Several council members opposed Mendelsohn’s motion, emphasizing the importance of respecting the voters’ decision.
“To make decisions in the backroom at City Hall and come out here and make a vote that undoes the resounding mandate that came from our voters to me is not what we were elected to do,” said District 7 Councilmember Adam Bazaldua.
Despite support from Mendelsohn, Mayor Eric Johnson, and District 13 Councilmember Gay Donnell Willis, the majority of the council rejected the motion.
Ground Game Texas, the organization behind Proposition R, defended the measure, stating that it aligns with state law. “Decriminalization is not legalization, but instead a change to enforcement policy,” a spokesperson said.
Interim City Manager Kimberly Tolbert later affirmed the city’s commitment to implementing the measure. “The Dallas Freedom Act was adopted by a majority of the voters, and the City Council has directed that the city comply with the amendment’s provisions,” Tolbert said.
The council also certified the Nov. 5 election results and approved payments to the Dallas County Elections Department. Voters additionally approved Proposition S, granting citizens the right to sue the city over perceived failures to comply with state law or the city charter.
The Dallas initiative is likely to receive a legal challenge from Attorney General Ken Paxton, who has sued to block the implementation of similar marijuana ordinances in five other Texas cities. However, two of these lawsuits have already been dismissed by the courts.
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