DENTON, Texas — Five Texas cities, including Denton, are putting an end to misdemeanor marijuana possession crimes after each municipality passed its own ordinance in the midterm elections.
When Deb Armintor realized that Proposition B, a decriminalization marijuana ordinance in Denton, was going to pass, she was filled with joy.
“I feel proud of this city,” she said.
Armintor, who spent two terms as a Denton City Council member, had been pushing for the decriminalization of cannabis since she took office in 2018. But it took Armintor being out of office, in 2022, to see that dream become a reality.
“Proud of the people who turned out to vote, you know, proud of all our volunteers, petition signers,” Armintor said.
Decriminalize Denton's efforts
Armintor and other community members created a nonpartisan, community-funded organization called Decriminalize Denton in 2020.
From UNT, TWU and Denton ISD students, to community organizers and social activists, the makeup of this group is vast.
Decriminalize Denton spearheaded the two-year journey by getting the required signatures to put a decriminalization ordinance at the feet of city leaders.
When most city council chose not to approve the ordinance in July, they put that decision in the hands of voters in November.
Decriminalization marijuana ordinance
The newly passed decriminalize marijuana ordinance will end arrests and citations to those who possess less than four ounces of marijuana, which is considered a misdemeanor in the state of Texas. In addition, it will stop THC testing and prevent the Denton Police Department from using the smell test.
Proposition B got overwhelming support on Tuesday, receiving more than 70% of the vote.
“I was nervous, you know, you never know who’s going to show up to vote,” Armintor said.
Denton mayor's concern
When Denton City Council in July approved sending the ordinance to the November ballot, Mayor Gerard Hudspeth said that he felt it wouldn’t pass.
“I didn’t think it would,” Mayor Hudspeth reiterated to Spectrum News 1 in a Zoom interview on Wednesday.
But Hudspeth says that the city will need to be selective with the ordinance to ensure that they’re abiding by state and federal laws.
“I’m not being dismissive about it. I’m saying, as it’s written, there’s a lot of concerns there,” the mayor added.
City Manager Sara Hensley released a report on Nov. 9 that gave a brief rundown on how the city and Denton PD were approaching the passing of this ordinance.
In the release, it notes that the ordinance would only apply to Denton PD officers and not law enforcement agencies from other jurisdictions like the University of North Texas or Texas Woman’s University police officers.
Hensley also states that the Denton police changed its current policy in recent years to put less emphasis on low-level marijuana crimes.
The report says, between June 2021 and July 2022, Denton police arrested 65 people for misdemeanor marijuana crimes. Of that total number, Hensley says 15 of those people arrested were also charged with other unrelated charges, with weapons being involved in 31 of those cases.
Mayor Hudspeth says if they follow the ordinance word for word, it would make it more difficult for Denton police to do their due diligence in some of these cases.
“City manager and municipal judge have already made, have already lessened the enforcement to the degree that they’re allowed to, so this doesn’t take that down any further,” Hudspeth said.
Decriminalize Denton's reponse
However, this doesn’t sit well with Armintor or other members of Decriminalize Denton. She believes the city’s choice to be selective with the ordinance is undercutting democracy.
“Ours was modeled after Austin’s. It’s almost a carbon copy,” Armintor noted.
Austin passed a decriminalize marijuana ordinance in May 2022 that has also done away with low-level marijuana possession crimes.
Post midterm elections, Denton, San Marcos, Killeen, Harker Heights, and Elgin have all followed Austin’s path.
Armintor believes Denton city leaders should leave the ordinance in the original state it was voted upon by community members.
“He needs to wait until this receives a legal challenge from the state,” Armintor said in response to Mayor Hudspeth’s concerns.
Armintor says they’ll be prepared to fight to ensure the ordinance is not altered, while the City of Denton continues to navigate this newly passed proposition.