Voters said yes to decriminalizing weed in a North Texas city. But it isn’t happening.

Despite voters in Denton overwhelmingly approving the decriminalization of minor marijuana violations in November, the police here have continued to cite and arrest offenders.

That isn’t going to change any time soon.

On Tuesday, the Denton City Council voted 4-3 to continue to not enforce the voter-approved ordinance known as Proposition B. The decision came after supporters of decriminalization held a rally before the meeting.

Texas allows medical cannabis by prescription to treat conditions including epilepsy, cancer, PTSD and neurodegenerative disorders. Plans to expand Texas’ medical marijuana program failed to advance in this spring’s legislative session.

Decriminalization in Denton

In the November election, 71% of Denton voters approved Proposition B, which would eliminate low-level marijuana enforcement involving less than 4 ounces, with some exceptions. In Texas, it’s a Class B misdemeanor to have 2 ounces or less of marijuana, a crime that could result in up to 180 days in jail and/or a fine of up to $2,000. Having 2 to 4 ounces of marijuana is a Class A misdemeanor, punishable by up to a year in jail and/or a $4,000 fine.

Exceptions would be in cases when misdemeanor offenses were part of a high priority felony narcotics case or part of a violent felony investigation.

But police continued to enforce low-level marijuana laws. From Nov. 9 to Feb. 17, Denton police issued 46 citations for possession and made six arrests for charges where marijuana was related, such as assault, driving while intoxicated, violations of drug-free zones, possession in conjunction of a firearm, signs of distribution or outstanding warrants, according to the Police Department.

Sgt. Eric Beckwith, who spoke at the council meeting, said using the smell of marijuana as probable cause for search and seizure helps keep Denton safe from higher priority crimes.

“I know what comes along with degrees of marijuana possession, and officers need discretion to enforce the laws,” Beckwith said at the meeting. “When I first started, there were a lot of low-level arrests. That was a different time, and we are aware that the times change. We’re not out to throw everyone in jail.”

Similar ordinances to Proposition B have been passed in other cities across Texas, but only one is in effect.

Austin passed an ordinance decriminalizing minor possession of marijuana in May 2022. San Marcos passed its ordinance in November with 82% of votes, but local police have said it will not adopt the policy.

Harker Heights passed its ordinance in November as well, but two weeks after the city council voted to repeal it.

“Denton is kind of unique, because city council says it’s on the books and it’s in the city code, but it’s not being enforced,” said Austin Zamhariri with the Texas Cannabis Collective, a group that pushed for Proposition B. “They are keeping the existing code, but they are not adding the budgetary teeth to require the enforcement of it. They are trying to appease both sides.”

The Denton council may choose to revisit the ordinance in the future, and as the council’s membership changes over time, it could lead to either the enforcement of the ordinance or the continued delay.

“It is one of the most popular issues in Denton,” Zamharrir said. “And that is evident by the voter turnout, and in the amount of people wanting to work in City Council.”