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Denton City Council repeals voter-approved cannabis decriminalization rule

Last week, Denton City Council voted to repeal a voter-approved ordinance that decriminalized low-level marijuana possession. Denton Record-Chronicle reports. The ordinance was passed in 2022 and aimed to prevent arrests and citations for low-level possession, in cases involving a felony narcotics crime or a violent felony. The ordinance also intended to keep the city from using funds to pay for THC testing. 

The vote comes amid political pressure from Texas Attorney General Ken Paxton, who sued the city – along with Austin, Dallas, and San Marcos, where voters have approved similar reforms. Paxton claims that the city ordinances are in violation of the Texas Constitution and Local Government Code. This code requires local governments to enforce drug laws.  

Brian Beck is one of the city council members who opposed repealing this ordinance. He told The Record-Chronicle in an interview that to repeal the ordinance would be “like jumping ship before it sinks.” Court rulings had indicated cities shouldn’t repeal these reforms.  

Mayor Gerard Hudspeth, despite his vote to repeal, indicated he has directed the city attorney to give Denton police officers discretion on cannabis and can issue a Class C citation for drug paraphernalia instead of a possession charge. Courts and prosecutors offer other options, such as deferred sentences and expungement.   

Hudspeth noted that lawmakers in the state are considering another bill which would freeze state tax revenue and grants for municipalities who pass ordinances contrary to state law. 

The council voted 4-3 to repeal the law. 

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