Dallas Pauses Weed Decriminalization Despite Voter Support: What It Means for Marijuana Enforcement and Criminal Defense

In a move that has sparked frustration among reform advocates and confusion for many Dallas residents, the City of Dallas has agreed to temporarily block enforcement of Proposition R—a voter-approved measure that aimed to decriminalize small amounts of marijuana. Despite receiving overwhelming support in the November 2024 election, with 66% of voters backing the proposal, the city is now halting its implementation after legal pressure from the Texas Attorney General's Office.

This decision follows a recent Texas appeals court ruling that stated cities cannot prevent police from enforcing state-level marijuana laws. Now, Dallas has joined Attorney General Ken Paxton in a joint legal motion asking a judge to issue a temporary injunction against the charter amendment's enforcement. Here's what this means for residents, cannabis reform, and anyone facing marijuana-related charges in Dallas, Fort Worth, Collin County, Denton County, and the surrounding areas.

🧾 What Is Proposition R?

Proposition R was designed to curb low-level marijuana arrests and reduce unnecessary interactions between law enforcement and residents. Specifically, the measure:

• Prohibits Dallas police from arresting or citing people for possession of up to 4 ounces of marijuana, unless the offense is tied to a felony.

• Bars officers from using the odor of marijuana as probable cause for searches, detentions, or arrests.

• Requires the city to track and report any marijuana-related law enforcement actions for transparency.

The goal was to shift limited law enforcement resources toward more serious offenses and minimize the impact of minor marijuana charges on residents—particularly in communities historically over-policed for low-level drug offenses.

⚖️ Why Is It Being Blocked?

Almost immediately after voters passed Proposition R, Attorney General Ken Paxton sued the City of Dallas, arguing the measure violates Texas law. In a Nov. 21 statement, Paxton wrote:

“Cities cannot pick and choose which State laws they follow. The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.”

This lawsuit mirrors actions Paxton has taken against other Texas cities—such as Austin, Killeen, and San Marcos—that have pursued similar marijuana decriminalization efforts. Paxton has labeled these efforts a “backdoor attempt” to nullify state drug laws.

In April 2025, a Texas appellate court backed Paxton's view, ruling that cities have no legal authority to prevent the enforcement of state drug statutes. That ruling set the stage for Dallas' most recent move: voluntarily joining Paxton's office in asking for a court-ordered injunction to stop Proposition R.

🚫 What Does This Mean for Marijuana Arrests in Dallas?

For now, nothing has changed legally. Despite the vote, marijuana possession under 4 ounces is still illegal in Dallas and across Texas. That means:

• You can still be arrested or cited for possessing marijuana.

• Police can still use the smell of marijuana as probable cause to search your vehicle or person.

• The reforms promised in Proposition R are on hold indefinitely, pending the outcome of ongoing litigation.

This decision has also raised concerns among community advocates who argue that the will of the voters is being overridden by the state's legal system.

🧑‍⚖️ What Can You Do If You're Charged?

At Texas Defenders, we regularly represent clients charged with marijuana possession in Dallas, Fort Worth, Denton, Plano, Frisco, and beyond. If you've been charged with possession of marijuana under 4 ounces, here's what you need to know:

1. Possession Under 2 Ounces

This is typically a Class B misdemeanor, punishable by:

• Up to 180 days in jail

• Up to $2,000 in fines

• Possible license suspension and drug education courses

2. Possession Between 2–4 Ounces

This becomes a Class A misdemeanor, carrying:

• Up to 1 year in jail

• Up to $4,000 in fines

3. Diversion and Dismissals May Be Possible

In many counties—including Dallas, Tarrant, and Collin—first-time offenders may be eligible for diversion programs, deferred adjudication, or dismissals upon completion of treatment or community service.

4. Don't Assume Smell Equals Guilt

Even though the smell of marijuana can still be used as probable cause, police must still follow constitutional standards for searches and seizures. We routinely challenge these stops in court and have successfully excluded evidence based on illegal searches.

🗳️ The Bigger Picture: Voter Will vs. State Law

The case of Proposition R highlights the growing tension between local democracy and state power in Texas. While a large majority of Dallas voters approved the charter amendment, that decision is now sidelined by an unelected court and an attorney general pushing a different agenda.

This dynamic plays out in many areas of criminal justice reform, not just marijuana policy. Voters in large urban areas like Dallas, Austin, and San Antonio often support more progressive approaches to policing and punishment, while the state government continues to reinforce tough-on-crime policies.

📌 Final Thoughts

The fight over Proposition R is far from over. A final ruling could take months or even years, during which time Dallas police will likely continue arresting and charging individuals for low-level marijuana offenses. For residents, this means staying informed and cautious—and knowing your rights.

If you're facing a marijuana charge in Dallas, Tarrant, Collin, or Denton County, the criminal defense attorneys at Texas Defenders are here to help. We understand the local courts, we know the strategies that work, and we're ready to fight for your future.

📚 Related Reading

• A Step-by-Step Guide to a Texas Criminal Case

• Dismissals and Background Checks: What Really Shows Up

• First-Time Drug Charge in Texas? Here's What You Need to Know