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Decriminalizing marijuana will be on the November ballot from Denton voters

City Council members placed the item on the ballot after a petition was filed with the city to consider the ordinance.

DENTON, Texas — After more than an hour of public comments and a petition filed with thousands of signatures, Denton voters will consider an ordinance to decriminalize marijuana in their city. 

The ordinance was discussed at the July 19 city council meeting after a petition was filed by local organizers asking for the ordinance, which garnered 3,000 signatures from residents. 

The ordinance, if passed in the Nov. 8 election, would end citations and arrests for misdemeanor possession of marijuana. Denton city police would make citations or arrest for possession offenses except in limited circumstances--such as if they are part of the investigation of a felony-level narcotics case or the investigation of a violent felony. 

Citations for possession of drug residue or paraphernalia would also not be issued, should the ordinance pass, unless it meets the same factors described above. 

This ordinance, if passed, would apply only to City of Denton police. Meaning, TWU or UNT police, or Denton County deputies, would not be bound to it. 

The ordinance also details that city funds would not be used to conduct THC testing to determine whether a substance meets the legal definition of marijuana under state law, and that the odor of marijuana or hemp would not constitute probable cause of any search or seizure except in the limited circumstances above. 

Deb Armintor, a former Denton city councilmember and local activist, is in support of the ordinance and told council members Tuesday this was a popular issue with big public support. 

"It is within council's authority to give the city manager direction on prioritization for police, that is totally within your authority," Armintor said. "Of course, It's not asking police not to enforce state law or federal law, just asking to make these certain instances lowest priority among laws already prioritized by police."

Council members were majority in support of placing the ordinance up for vote on the ballot, as many of those in support asked them to do so the public would have their voice heard on the issue. 

"The fact is, I absolutely support it going to the citizens," Denton Mayor Gerard Hudspeth said. "I absolutely think it won't pass." 

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