The battle continues in Denton over decriminalizing marijuana months after voters approved a measure aimed at doing just that. In a work session Tuesday, the city manager presented a report outlining reasons why the ordinance is challenging to implement.
In Denton, voters were strongly in favor of Proposition B, a measure intended to decriminalize low-level marijuana possession. The measure prohibits the arrest or citation for possession of four ounces or less of cannabis, with some exceptions. Three months later, though, some city leaders argue implementing the policy isn’t that simple.
In a presentation to council members Tuesday, City Manager Sara Hensley outlined its challenges.
“I recognize the voters have spoken and I understand that, but we don’t have the authority to implement those because of state law and the conflicts,” she said.
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Her report argues Prop B is superseded by the ‘Texas Code of Criminal Procedure,’ which requires officers to enforce state law. Texas cities and police departments are ‘prohibited from adopting a policy that does not fully enforce state and federal laws relating to drugs’ and ‘the city manager and chief of police cannot direct otherwise,’ according to the city.
“I do not have the authority to direct the police chief to not enforce the law,” Hensley said
Still, at least one councilman argued that the mandate from voters was clear, and it is his duty to see it through.
“We were at 72% and all precincts of 45 precincts adopted this across all demographics, across all political persuasions across all regions of Denton,” said Mayor Pro Tem, Brian Beck. “This has been one of the most overwhelming votes in recent history.”
The city manager's report also highlighted challenges other cities faced with similar ordinances.
“I’m not going to sit here and say to the chief of police that ‘you have to do something that is against your oath,’” said councilman Chris Watts.
Nick Stevens is a founding member of Decriminalizing Denton, a grassroots organization that was instrumental in getting Prop B on the ballot in November. He addresses the board Tuesday night for its lack of progress. He said he anticipated the back and forth between council members, even after the measure passed.
“Progress is slow, but it always works out in the end when normal individuals come together to push for what’s right,” Stevens said.
While Prop B is under scrutiny, Denton’s Chief of Police and City Manager said marijuana enforcement has and will continue to be a low priority. Stevens points out, however, in the past three months, Denton police have issued 52 marijuana citations.
Proposition B requires the officer of the City Manager to report on marijuana citations every three months.
