Ever since hemp was legalized in Texas back in the summer of 2019, there has been a substantial increase in the number of successful cannabis decriminalization efforts across the Lone Star State. For instance, the city council in El Paso passed a resolution in May that created cite-and-release for misdemeanor cannabis offenses under four ounces while Austin recently decided to stop using city funds in the prosecution of people found with a non-felony amount of cannabis – effectively decriminalizing its use.
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Also, several Texan district attorneys have already embraced some form of cannabis law reform, such as John Creuzot in Dallas who in 2019 announced that his office will no longer prosecute first-time offenders for misdemeanor cannabis possession or state jail felonies involving possession of a cannabis concentrate. Similarly, both Travis and Harris counties have district attorneys that do not prosecute for first-time cannabis possession offenses.
Still, our state has a long way to go with enacting compassionate and sensible policies regarding cannabis use. This is both reflected by our state leadership who remain convinced in their prohibitionist stances, as well as the very real threat of arrest and incarceration many Texans are forced to face for simply using a plant with well documented medicinal and spiritual value. As many of our readers likely already know, a conviction for possession of two ounces or less of marijuana can result in a jail sentence of up to six months and a fine of up to $2,000 while even more serious consequences await folks found with cannabis concentrates.
Given this unfortunate situation, many cannabis activists and enthusiasts have decided not to wait for statewide reform, and instead seek to make change happen at the local level in our own communities. Building off of the success of other Texan cities that have embraced some form of cannabis reform, fellow concerned Dentonities and I created Decriminalize Denton. This is a new campaign dedicated to enacting a permanent moratorium on all non-commercial cannabis offenses, including cannabis concentrates and drug paraphernalia, in Denton, Texas.
One of the many aspects of Decriminalize Denton that sets us apart from other cannabis reform groups is that our resolution also calls to stop all arrests and citations for drug paraphernalia and personal use of cannabis concentrates. As mentioned in an article I wrote for the Texas Cannabis Collective back in February, Denton police currently cite people found with under one ounce of cannabis with a Class C misdemeanor ticket for drug paraphernalia. Also, drug paraphernalia laws prevent harm reductionists like myself from safely and legally providing my community with life-saving services for people who use drugs.
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For example, exchanging used needles for sterile syringes remains illegal in Texas because syringes are considered drug paraphernalia, even though that practice has been shown to significantly reduce the spread of bloodborne illnesses like HIV and Hepatitis C. According to the Drug Policy Alliance, drug checking (also known as adulterant screening) can be defined as a harm reduction tool that allows people who use drugs to help identify the substance they intend on taking and therefore prevent harms associated with taking an unknown substance. In spite of the fact that adulterant screening kits reduce the risk of using an unknown substance like overdose or even death, being caught with one in Texas is technically a Class C misdemeanor offense.
Furthermore, the possession of any amount of cannabis concentrates under one gram, which includes vape cartridges, edibles, and hashish, is a state jail felony that can result in a prison sentence spanning between six months to two years along with a potential fine of $10,000. For having between 1 gram to 4 grams of cannabis concentrate, you could be incarcerated for two to 10 years in a state jail facility. It’s really critical here to mention that police are able to weigh the entire contents of THC-infused brownies so that they charge you with a higher felony. Also, having a felony drug charge on your record severely impacts your ability to find employment, housing, and federal student financial aid (if you are receiving it at the time of your offense). This is exactly why our campaign found it necessary to advocate for deprioritizing the arrests of people found with non-commercial amounts of cannabis concentrates.
Thus far, our plan has involved creating and widely distributing our letter of change so that as many sympathetic individuals and organizations in the City of Denton (and elsewhere) can sign on. The more signatures we get, the stronger our case for cannabis reform will be when we finally start advocating for the Denton City Council to adopt our resolution. If you or someone you know would like to help grow our cannabis decriminalization campaign here in Denton, please sign and share our volunteer interest form. We are also available to help anyone interested in advocating for local cannabis reform in their own town or city as it is our hope that Decriminalize Denton will show other Texan communities that we don’t have to wait on our state legislature to make needed policy changes a reality.
