Early voting began today, October 19, in Houston, where voters will decide whether to amend the city’s charter to make enforcement of misdemeanor marijuana possession the lowest priority for police officers and prohibit no-knock search warrants.
The measure, known as Proposition A or the Houston Freedom Act, will appear on the November 3 general election ballot. If approved, it would require the Houston Police Department to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest possible law enforcement priority, while establishing new reporting, oversight and accountability requirements.
Under the proposed charter amendment published by the City of Houston, the city would be required to update its police department policies, procedures and annual budget to reflect the new enforcement priorities. The measure would also establish a policy supporting diversion programs for people accused of misdemeanor marijuana possession, including community service, treatment referrals and other alternatives to arrest or prosecution.
Texas law currently classifies possession of two ounces or less of marijuana as a Class B misdemeanor, while possession of more than two ounces but no more than four ounces is a Class A misdemeanor. Proposition A would address how Houston police prioritize these offenses rather than change the state’s possession laws.
The proposal also includes several provisions designed to increase transparency surrounding marijuana enforcement. The city would be required to conduct a one-time audit examining five years of misdemeanor marijuana enforcement, including arrests, citations, demographic information, staffing costs and expenditures on THC testing.
The audit would have to be presented publicly to the City Council within 120 days of the measure taking effect. Annual reports would also be required, detailing marijuana arrests, citations, diversion referrals and the staff hours devoted to enforcement.
Another provision would require the city to disclose how much money and staff time it spends testing cannabis-related substances for THC concentration. The City Council could allocate funding for testing when it determines that doing so serves a compelling public safety purpose.
In addition to its marijuana provisions, Proposition A would prohibit Houston police officers from requesting, executing or participating in no-knock search warrants. Officers serving search warrants would be required to knock, announce their presence and wait at least 15 seconds before entering.
The proposal reached the ballot following a petition campaign that collected nearly 40,000 signatures.
Early voting in Houston runs through October 30, with Election Day scheduled for Tuesday, November 3. Harris County polling locations are generally open from 7 a.m. to 7 p.m. during early voting, with modified hours on October 25.
Voters who approve Proposition A would authorize the city charter amendment containing both the marijuana enforcement changes and the no-knock warrant restrictions. A vote against the measure would leave the charter unchanged.
