Dallas police have updated guidelines on handling cannabis possession cases after Proposition R was put into effect. An internal memo from the Dallas Police Department (DPD) outlines the changes, stating that officers are no longer permitted to arrest or issue citations for possession of cannabis weighing less than four ounces. Furthermore, cannabis odor alone cannot be used as probable cause for a search, except in high-priority narcotics or violent felony cases.
Previously, the policy required officers to confiscate cannabis from individuals with less than two ounces without issuing citations or making arrests. However, the recent memo, circulated on Friday, declares that the former policy is no longer relevant.
Proposition R, referred to as the “Dallas Freedom Act” by its supporters, was approved by 66% of voters during the recent election.
Eddie Garcia, the former chief of police in Dallas, voiced worries last year regarding the measure’s possible effects on safety. Garcia told the city council, “In my thirty years in law enforcement, I think this could lead to more illegal sales and have a negative impact on the quality of life in some neighborhoods.”
Proposition R doesn’t legalize cannabis in Dallas. Possession of two ounces and below is a Class B misdemeanor in Texas, attracting a $2,000 fine and a 180-day maximum jail sentence. Having two to four ounces in your possession is a Class A misdemeanor, which carries a one-year maximum jail sentence and a maximum fine of four thousand dollars.
In 2023, Texas AG Ken Paxton filed lawsuits against five cities over measures deprioritizing enforcement of misdemeanor cannabis offenses. According to John Creuzot, Dallas County District Attorney, 97 percent of misdemeanor cannabis prosecutions in the county contained amounts under two ounces.
Meanwhile, Garcia cautioned that Proposition R could hinder law enforcement’s ability to prosecute drug dealers, as four ounces can equate to roughly 38 typical cannabis transactions.
Although Texas has not legalized cannabis for recreational use, the state does have a medical cannabis program established by the Texas Compassionate Use Act in 2015. The program allows certain physicians, registered with the Department of Public Safety (DPS), to prescribe low-THC cannabis to patients with qualifying medical conditions.
The Farm Bill 2018 federally defined “hemp” as marijuana containing no more than 0.3% THC by dry weight. Subsequently, in 2019, Texas legalized the cultivation and sale of industrial hemp products, including consumable items like CBD and other edible hemp derivatives.
If more cities take the step of making the enforcement of marijuana laws a low priority for police, it could lead to the eventual legalization of the substance, and that could open opportunities for marijuana firms and ancillary companies, such as Innovative Industrial Properties Inc. (NYSE: IIPR) that serve cannabis companies.
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