DALLAS — Dallas voters don't have the ability to unilaterally change state law on marijuana, but they may have changed enforcement in Dallas by passing a resolution Tuesday to effectively decriminalize possession of up to 4 ounces of weed.
Proposition R, also known as the Dallas Freedom Act, passed with 66% of the vote and is set to be enshrined in the city's charter -- unless legal challenges stop it (more on that later).
The measure does not make weed legal in Dallas, but it does prevent Dallas police from making arrests or issuing citations against people who have up to 4 ounces of marijuana.
There are some caveats.
Police can still take action if they suspect a violent felony may be tied to the marijuana possession or if the offense is part of a "high priority" felony narcotics investigation.
The charter amendment has not yet taken effect -- and may face a legal challenge from Texas Attorney General Ken Paxton, who sued to stop a similar measure in Denton and other Texas cities.
Opponents of the measure argued 4 ounces was too much to take away police enforcement ability.
"This isn't exactly personal use," said now-former DPD Chief Eddie Garcia at a city council meeting in August.
He warned it could kneecap the department's ability to charge drug dealers, because he said 4 ounces represents the equivalent of 38 average marijuana transactions in Dallas.
Garcia previously issued guidance to his officers to confiscate, but not cite nor arrest people who have less than 2 ounces of marijuana.
In the past, 97% of misdemeanor marijuana cases in Dallas County were for less than 2 ounces of weed, said Dallas County District Attorney John Creuzot.
"With decriminalization of minor marijuana possessions, law enforcement will have more resources and time to focus on serious and violent crimes that actually threaten public safety," said Tristeza Ordex, who led the Dallas campaign for Ground Game Texas, which collected the signatures to put Proposition R on the ballot.
"I don’t want people to take away from this, 'Oh people just want to go out there and smoke weed.' No this is for the betterment of our community," she said.
While this measure does not make marijuana legal, the margin by which it passed stood out to at least one Dallas Councilmember.
"The reality, looking at the votes, is that we need to legalize it, regulate it and tax it out the wazoo," Councilmember Paula Blackmon told Inside Texas Politics following the vote.