Dallas voters overwhelmingly approved a ballot measure decriminalizing larger amounts of marijuana in the city on election night. On Tuesday, some Dallas elected officials tried to make the new charter amendment unenforceable — at least until the state legalizes marijuana.
The council has a legal obligation to accept the election results and adopt any new amendments to the charter. That includes Proposition R which loosened the city’s marijuana policy — and create stricter guidelines around when police officers can make arrests for possession.
But during the reading of the election canvassing results during Tuesday’s special called council meeting, District 12 Council Member Cara Mendelsohn made a move to add a clause to the approval.
“…Clarifying that Proposition R conflicts with state law and inserting a section clarifying that because Proposition R is inconsistent with, and preempted by state law, it shall not be enforced unless and until state law changes,” Mendelsohn’s amendment read.
The measure, which was placed on the ballot by a group called Ground Game Texas, was approved with almost 67% of the vote on election night. Some members of the council advocated for the measure and did not agree with Mendelsohn’s move.
“We had hundreds of people show up here to advocate for Proposition R, for marijuana reform and there’s not a single person in the audience today because of the way this [meeting] was noticed,” District 1 Council Member Chad West said during the meeting.
West said if the meeting agenda had indicated the possibility of a move like the one Mendelsohn suggested, “we’d have a packed room right now, they would be overflowing into the courtyard.”
District 7 Council Member Adam Bazaldua said the move was a policy decision and needed to go through the regular policy process — from a committee to full council with time for public input. The council was only scheduled to meet to approve the election results and appoint an inspector general.
“For us to convolute this action with making a policy decision right here on the floor, to me, just speaks against the precedents and process and procedure that we usually operate under,” Bazaldua said.
Mendelsohn said her motion was only focused on Proposition R because it was the only charter amendment that violates state law. She also called into question a recent council action to remove sections of a 1988 ordinance creating a police-to-resident ratio mandate.
The council likely voted to remove the section to shield from legal action under another recently passed charter amendment that allows residents to sue the city for violating ordinances, state law or the charter.
“That item was not discussed as a big policy issue,” Mendelsohn said.
And Mendelsohn wasn’t the only one who disagreed with Proposition R.
“This is an opportunity to acknowledge that while the voters have made a decision, that this proposition was inconsistent and preempted by state law,” District 13 Council Member Gay Donnell Willis said.
Willis said police officials had concerns over the larger amount. Former Dallas Police Chief Eddie Garcia has said previously that four ounces was worth the departments investigative time.
Mendelsohn, Willis and Dallas Mayor Eric Johnson all voted in favor of the motion to make Proposition R unenforceable until marijuana is legalized at the state level. The other seven council members at Tuesday’s meeting voted against them.
The motion failed.
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