Denton’s Decriminalization Ordinance May Be Repealed Despite Voter Approval
Denton’s City Council is likely to repeal the city’s low-level marijuana decriminalization ordinance, which has never been enforced since it was passed by voters in 2022. The ordinance, known as Proposition B, aimed to prevent the use of city funds for cannabis testing, end citations for misdemeanor amounts of cannabis, and prohibit police from using cannabis odor as a probable cause for search and seizure.
City Manager Sara Hensley has recommended that the council repeal the ordinance, citing recent lawsuits filed by Texas Attorney General Ken Paxton against several cities, including Denton, over their cannabis ordinances. Paxton claims that the ordinances are preempted by state law and that cities cannot adopt policies that do not fully enforce the state’s drug laws.
However, some council members, including District 2 council member Brian Beck, have criticized the recommendation, saying that it is a “troubling act of submission in the face of political pressure.” Beck argued that the ordinance was approved by nearly 73% of Denton voters and that the city has a duty to represent its residents, not retreat from them.
Decriminalize Denton, the local grassroots organization behind Prop B, has called on supporters to attend the council meeting on Tuesday and share their support for the ordinance. The group argues that the ordinance saves lives and that the city should not repeal it without a fight.
The fate of the ordinance remains uncertain, but it is clear that the city is facing a difficult decision. While some argue that the ordinance is preempted by state law, others believe that it is a matter of local control and that the city should be able to make its own decisions about how to enforce its laws.
In the end, the decision will likely come down to whether the city council is willing to stand up to the state and defend the will of its voters, or whether it will cave to pressure and repeal the ordinance.