City of Denton slow to implement ordinance decriminalizing marijuana, report shows
DENTON, Texas (CBSDFW.COM) – Denton is no closer to implementing an ordinance to decriminalize marijuana, according to a new report from the city manager more than three months after voters overwhelmingly approved the plan.
The report from Sara Hensley, one of the requirements of the ordinance, largely repeats her position from November that the city has no authority to implement something that could conflict with state law.
There is nothing in the report, published as part of a city council agenda for Tuesday, to indicate if city management looked for possible ways to implement the ordinance. It does say marijuana enforcement continues to be low priority for police. Both the police and city communications offices declined to answer questions about the report or provide more data until after it is presented to the council.
More than 70% of Denton voters backed the idea in November, joining four other cities in Texas during that election. Voters in Austin approved a similar ordinance in May.
The Denton ordinance would end citations and arrests for marijuana possession, unless it was part of a high priority police investigation or a violent felony. It would also prohibit using smell as probably cause for search and seizure, or testing to determine if a substance meets the legal definition of marijuana.
Nick Stevens with Decriminalize Denton, which backed the ordinance, said he saw no good faith effort in the report that the city looked for any ways it might be able to implement the will of the voters.
"Ultimately democracy wins," he said. "And the gall and hutzpah that any elected official might have to overturn a free and fair election and ignore the will of the people, that's a bad political move when Republicans, Democrats and Independents all are asking for the same thing."
Stevens said he's been told in meetings with city leaders over the issue, that the political environment is different in Denton than in other Texas cities where similar ordinances are being implemented.
Along with Austin, Killeen, Elgin, Harker Heights and San Marcos voters approved propositions last year. The report mentions Harker Heights repealed the ordinance there within weeks. It also highlights a legal challenge in Killeen and a request for an Attorney General opinion in Hay County.
The report says Denton police have written 52 citations relating to marijuana or paraphernalia from Nov. 1, 2022 through Jan. 17, 2023. There were arrests in 23 of those cases, but all for warrants, criminal trespass or public intoxication.
