Houston voters approved Proposition A, directing the Houston Police Department to make low-level marijuana possession its lowest possible enforcement priority. But as the city moves toward implementing the measure, questions remain about what that means for officers and people who possess marijuana.
The Houston Police Officers’ Union says officers have not received guidance on how to apply the new policy. Meanwhile, the Harris County District Attorney’s Office says its approach has not changed and that it has issued no additional guidance.
Marijuana possession remains illegal under Texas law. Proposition A does not legalize cannabis, but it establishes a new enforcement priority for HPD.
Ray Hunt, executive director of the Houston Police Officers’ Union, says officers were not involved in drafting the measure and still do not know exactly how they are expected to enforce it.
Hunt says officers currently contact the Harris County District Attorney’s Office when they encounter a potential state-law violation. Prosecutors then determine whether to accept charges or refer someone to a diversion program.
“You’re talking about a state law violation. It’s not an ordinance. The city of Houston can’t change state law,” Hunt said.
Hunt says officers will continue following that process until they receive further direction.
He believes clarification needs to come from the district attorney or the Texas attorney general.
Hunt also questioned what it means for marijuana possession to become HPD’s “lowest possible enforcement priority,” saying the measure does not clearly explain whether officers should respond to complaints, detain someone or simply move on.
The Harris County District Attorney’s Office says its approach to marijuana possession has not changed since its previous response to questions about Proposition A.
In a statement to KPRC 2, the office said it has not issued additional guidance and continues to urge the Texas Legislature to clarify cannabis laws during the next legislative session.
The office also says District Attorney Sean Teare has expanded the number of people eligible for the county’s marijuana diversion program.
According to the DA’s Office, marijuana possession accounts for just 0.021% of the misdemeanor charges it currently accepts.
The office says its approach is working, with the jail population continuing to decrease as prosecutors focus limited resources on violent offenders, drug traffickers and organized crime rather than first-time, nonviolent drug offenders.
The DA’s Office is encouraging law enforcement agencies to use its diversion program and provide eligible people with information about how they can avoid entering the criminal justice system.
It also acknowledged that state cannabis laws continue to create confusion for both law enforcement and residents.
Criminal defense attorney Cory Roth says the measure could create confusion because it does not change marijuana laws at the state or federal level.
“Marijuana is still illegal under state and federal law. I would advise against possessing or consuming it openly,” Roth said.
Roth says the measure applies specifically to HPD, not other law enforcement agencies operating in the Houston area.
That distinction could matter for people who travel between Houston and neighboring jurisdictions, including areas patrolled by the Harris County Sheriff’s Office and constables.
Roth also questioned how the new policy could affect police searches, particularly whether the smell of marijuana will continue to be used as probable cause to search a vehicle.
He says that is one of the biggest unanswered questions because a change in that practice could have a significant impact on residents.
Roth says the city and HPD should provide written guidance explaining how the policy will work so residents understand what is changing.
Supporters of Proposition A, including Ground Game Texas, say the goal is to prevent low-level marijuana possession cases from creating long-term consequences for residents, including barriers to employment and housing.
Catina Voellinger, executive director of Ground Game Texas, says the measure is intended to redirect law enforcement resources toward more serious offenses.
She also says voters wanted the policy written into the city charter to provide accountability beyond the current administration.
The city must complete the formal process of adopting the charter amendment. KPRC 2 has reached out to the city for clarification on when City Council will officially declare the amendment adopted and when the new requirements will take effect.
For now, the police union and district attorney’s office say they have not issued new enforcement guidance.
And while Proposition A changes HPD’s stated enforcement priorities, marijuana possession remains illegal under Texas law.
