In Denton, a fight is building over the implementation of a marijuana ordinance that voters approved by a wide margin in November.
The voters legalized marijuana possession in limited amounts by passing Proposition B.
During a work session of the city council on Tuesday afternoon, the city will explain the “challenges” it faces in carrying out the desire of the people.
According to a presentation the city manager is giving, Denton police are still making arrests and issuing citations for minor marijuana possession.
Nicholas Stevens, a member of the group Decriminalize Denton, put it this way: “It’s the most popular thing that Dentonites have done, and un-elected bureaucrats, who none of us can vote for, are telling us that your democracy, your vote, none of that matters.”
With limited exceptions, Prop B, which voters adopted, makes it illegal to arrest or issue a citation for possessing four ounces or less of cannabis.
It also limits the use of city funds for THC testing and prohibits the use of the “smell test” to stop, cite, and seize weed.
During a work session on Tuesday afternoon, the city council will hear a presentation outlining the difficulties the city has encountered while trying to put the code into effect.
Former city council member and Decriminalize Denton supporter Deb Armintor remarked, “There are facts in [the presentation], but they are cobbled together in a purposely misleading fashion.” I refer to this as gaslighting.
Denton will make reference to other jurisdictions in Texas that have passed or are contesting similar regulations on the possession of small amounts of marijuana.
Sara Hensley, the city manager, will explain in her presentation why the city has so little say in the subject.
Stevens contends that the city manager and head of police are effectively saying “we wish we could do something but we can’t” in the face of municipal-funded propaganda that is being spread to 150,000 inhabitants.
The city manager and chief of police in Texas are forbidden from giving any orders that would cause the city or police department to “implement a policy that does not fully enforce state and federal laws relating to drugs.”
This is a fairly narrow law intended to correspond to state law,” Armintor admits, therefore it is true. And in Austin, where legislation very similar to this one has been passed, it has been enforced without incident.
At the end of the presentation, it will be stated that 53 persons have been detained or cited for marijuana possession since the election.
There were a total of 23 arrests “All twenty-three had been arrested for primary offenses other than marijuana possession, such as outstanding warrants, criminal trespass, or public intoxication. In every case but one, the offender was issued a citation for possession of illegal marijuana or paraphernalia.”
Since these were not violent violations, Armintor and Stevens wonder if the ordinance was broken.
Armintor, concerned that Black men may still be disproportionately affected, noted that “they’re not sharing any data such as ethnic demographics.”
Hensley will report that minor infractions, such as marijuana possession, will remain a “low priority” for the Denton Police Department.
Armintor and Stevens say they will be concentrating on recalling or asking for the termination of any official who does not abide by the will of the voters.
“Detonites are a tough bunch that refuses to give in to adversity. “They fight,” he remarked.
At 2 o’clock on Tuesday, February 21, the city council will have a work session.
NBC 5 contacted the city of Denton and the police department.
Officials from both organizations have declined to comment in advance of tomorrow’s work session presentation.