Houston voters have approved Proposition A, a ballot measure that makes enforcement of misdemeanor marijuana possession the city’s lowest law-enforcement priority while prohibiting police officers from conducting no-knock searches, with over 70% in support.
The measure, known as the Houston Freedom Act, was approved during Tuesday’s general election and will amend the Houston City Charter, establishing new requirements for how the Houston Police Department handles marijuana possession cases and executes search warrants.
Under the approved amendment, enforcement of Class A and Class B misdemeanor marijuana possession must be treated as the department’s lowest possible priority. These offenses generally involve possession of four ounces or less of marijuana.
The measure does not legalize marijuana, which remains prohibited under Texas law. Instead, it directs Houston police to devote fewer resources to misdemeanor possession enforcement while encouraging alternatives to arrest and prosecution where legally permissible.
The amendment also establishes new transparency requirements. Houston officials must conduct a comprehensive audit of misdemeanor marijuana enforcement over the previous five years, examining arrests, citations, demographic information, enforcement costs and spending on THC testing.
That audit must be presented publicly within 120 days of the policy taking effect. The city will also be required to produce annual reports detailing marijuana enforcement activity, including arrests, citations, diversion referrals and police resources devoted to enforcement.
Another major provision prohibits Houston police officers from requesting, executing or participating in no-knock search warrants. Officers must knock, announce their presence and wait at least 15 seconds before executing a search warrant.
The restriction follows years of controversy surrounding no-knock warrants in Houston, particularly after a 2019 police raid that killed residents Dennis Tuttle and Rhogena Nicholas. The raid, which was based on fabricated evidence, resulted in criminal convictions involving officers connected to the operation.
Proposition A reached the ballot following a petition campaign led by Ground Game Texas, which submitted approximately 40,000 signatures supporting the proposed charter amendment.
Houston joins several other Texas cities, including Austin and Dallas, where voters have approved measures limiting enforcement of low-level marijuana offenses. Similar policies have faced legal challenges from Texas Attorney General Ken Paxton, who has argued that municipalities cannot restrict enforcement of state marijuana laws.
Unlike a traditional ordinance, Proposition A places the requirements directly into Houston’s city charter. The amendment also contains a severability provision allowing its remaining sections to stay in place if a court determines that an individual provision is unenforceable.
The vote establishes a voter-approved city policy on misdemeanor marijuana enforcement and no-knock warrants, although its implementation and interaction with state law could become subjects of further legal scrutiny.
Editor’s Note: Although votes are still being counted and the final totals may change, given the substantial margin and the remaining votes, The Marijuana Herald is confident in calling the race.
