Marijuana decriminalization wins in three major Texas cities, but no business opportunities yet

A trio of marijuana decriminalization measures cruised to victory at the municipal level in Texas on Tuesday night, in the cities of Dallas, Bastrop and Lockhart, where all of the ballot questions won with more than 60% support.

The initiatives all require the cities’ law enforcement agencies to de-prioritize cannabis offenses, and all legalize personal possession and consumption of marijuana, but none offer any path forward for entrepreneurs interested in joining the cannabis trade, as the state legislature has been reluctant to expand Texas’ restrictive medical marijuana program.

All three decriminalization initiatives were run by the same campaign: Ground Game Texas.

In Dallas, Proposition R – also known as the Dallas Freedom Act – won with over 66% of the vote, and will prohibit the city police department from arresting or citing anyone for possession of four ounces or less of marijuana, unless the instance is part of a larger felony investigation, WFAA reported. The new law also prohibits law enforcement from using the smell of cannabis as justification for any searches or seizures.

In Bastrop, Proposition M won with 69% of the vote, and will now prevent local police from arresting or citing anyone for class A or B marijuana possession unless it’s part of a larger investigation, similar to the Dallas measure, Marijuana Moment reported.

And in Lockhart, Proposition A won with 68% of the vote, enacting the same policy as in Bastrop. In addition, law enforcement will be prohibited from testing cannabis to determine whether the substance in question is marijuana or hemp, Marijuana Moment reported.

The decriminalization victories are part of a pattern in Texas, Marijuana Moment reported, with six other municipalities having already approved similar measures, including Austin, Denton, Elgin, Harker Heights, Killeen and San Marcos. Those moves drew legal action from the conservative state attorney general, Ken Paxton, but thus far the local laws have stood up in court. Another cannabis decriminalization question was also defeated last year in the city of San Antonio.

Attempts to legalize marijuana via the state legislature – since Texas has no mechanism for independent campaigns to get statewide ballot questions before voters – have thus far been stymied.

The state has developed a robust market for intoxicating hemp goods in recent years, with roughly 8,000 registered hemp sellers active in Texas. But that sector is likely going to be the target of a crackdown by lawmakers in the upcoming legislative session in 2025, so the future of the cannabis market in Texas is still very much up in the air.