Dallas City Council rejects push to delay implementing voter-approved marijuana measure

Two council members, mayor worry approving the measure will lead to a lawsuit from the state

On Tuesday, the Dallas City Council rejected an effort to add language to a resolution that would have limited the city from enacting a recently passed city proposition related to marijuana possession.

The vote came as the City Council completed the required procedure of canvassing the Nov. 5 election results and approving payments to the Dallas County Elections Department for administering the general election.

District 12 Councilmember Cara Mendelsohn proposed adding language that specified Proposition R, which decriminalizes possession of marijuana up to four ounces in most cases, as inconsistent with, and preempted by, state law and would not be enforced.

“The core of this is that state law preempts our ability to enforce this ordinance,” Mendelsohn said.

Multiple council members opposed the motion, saying it would undermine the voters' will.

“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,” District 7 Councilmember Adam Bazaldua said.

Proposition R passed with 66% support on Nov. 5.  It prohibits Dallas police from using the smell of weed as probable cause to search or seize items or make an arrest or citation for pot if a felony isn’t involved.

Texas Attorney General Ken Paxton has already sued other cities, like Austin and Denton, for passing similar pot measures since the substance is still illegal on a state and federal level.

District 13 Councilmember Gay Donnell Willis joined Mendelsohn and Mayor Eric Johnson in supporting language to prevent the enactment of the voter-approved marijuana reform ordinance.

“If this is the opportunity to get this on more radars, then I think we should take it,” Willis said.

A majority of the council disagreed.

Ground Game Texas gathered signatures in June to place “Prop R” on the ballot and told NBC 5 on Tuesday that “The Dallas Freedom Act” follows state law.

“Decriminalization is not legalization, but instead a change to enforcement policy,” a spokesperson said.

“We're glad that as of today, the Dallas City Council decided against rejecting the will of the overwhelming majority of their voters based on a misunderstanding of the proposition, and we will be watching closely to ensure it is implemented.”

Dallas voters also approved Proposition S, which allows a citizen to sue the city, and the city waives its governmental immunity for perceived failures to follow state law or its own city charter.

Late Tuesday, interim Dallas City Manager Kimberly Tolbert reemphasized that the city would implement Proposition R.

“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 Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety.”