Denton, Texas City Council Repeals Voter-Approved Cannabis Decriminalization Rule

The Denton, Texas City Council last week voted to repeal the voter-approved
low-level cannabis decriminalization ordinance, the Denton Record-Chronicle
reports. The ordinance was passed in 2022 and aimed to prevent arrests and
citations for low-level possession, in cases involving a felony narcotics
crime or a violent felony. The ordinance also intended to keep the
city from using funds to pay for THC testing.

The vote comes amid political pressure from Texas Attorney General Ken
Paxton, who sued the city – along with Austin, Dallas, and San Marcos,
where voters have approved similar reforms. Paxton claims the ordinances
violate the state constitution and Local Government Code, which requires
municipalities to enforce state drug laws.

City Council Member Brian Beck, one of three who voted against repealing
the ordinance, told the Record-Chronicle that repealing the ordinance was
like “jumping the ship before the ship is sinking,” noting that courts have
indicated that cities should not repeal such reforms.

Mayor Gerard Hudspeth, despite his vote to repeal, indicated he has
directed the city attorney to give Denton police officers discretion on
cannabis and can issue a Class C citation for drug paraphernalia instead of
a possession charge. The courts and prosecutors also offer deferred
sentencing and expungement of criminal records.

Hudspeth pointed out that state lawmakers are also considering a bill that
would freeze tax revenues and state grants to municipalities that pass
ordinances that contradict state law.

The repeal passed the council 4-3.