Houston-based reporter Clarence Walker Jr. regularly contributes to the Drug War Chronicle. Walker previously wrote an 11-part series published by the Drug War Chronicle, "Prosecutorial Misconduct in Drug Cases and Police Corruption in Narcotic Trafficking Cases Across America."

Voters in the nation's fourth-largest city will vote on whether to make marijuana possession the lowest law enforcement priority and put an end to no-knock drug raids.

[image:1 align:left caption:true]Texas' approach to marijuana possession is often confusing, inconsistent, and counterproductive. The problem starts with state laws that unnecessarily complicate enforcement and ends with a system that wastes law enforcement resources on low-level offenses. Texas has yet to legalize recreational marijuana, and possession of up to 4 ounces of marijuana carries up to a year in jail and a fine of as much as $4,000.

But voters in Houston, the state's largest city and the nation's fourth most populous, can take a practical step toward reform by voting 'yes' on Proposition A on the November 3 ballot. The measure would force the Houston Police Department (HPD) to make misdemeanor marijuana possession its lowest enforcement priority.

A yes vote on Proposition A supports amending the city charter to make enforcement of Class A and Class B misdemeanor marijuana possession the Houston Police Department's lowest law enforcement priority, establish related reporting requirements, and prohibit Houston police officers from requesting or executing no-knock search warrants.

A no vote opposes amending the city charter to make enforcement of Class A and Class B misdemeanor marijuana possession the Houston Police Department's lowest law enforcement priority.

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Passing Proposition A would change HPD's enforcement priorities. Marijuana possession would still be illegal in Houston under Texas law.

Houston has tried to tamp down marijuana arrests before. In September 2020, then-Mayor Sylvester Turner implemented the "cite and release" program, which cites citizens for misdemeanor crimes like simple theft, possession of small amounts of weed, shoplifting, and criminal mischief to ease patrol officers' workload.

"This is not a matter of getting soft on crime; it's a matter of getting smart on crime," former Police Chief Art Acevedo said after announcing the program.

The mayor and the police chief have since been replaced, and under the new administration, cite-and-release has withered. According to departmental data obtained by Houston Public Media, 2020 saw 206 cite-and-release cases. Only eight have occurred so far this year, a decline of around 96 percent. Meanwhile, under Mayor John Whitmire, small-time marijuana arrests have skyrocketed from an average of about 35 a year from 2021 to 2023 to more than 440 a year, an increase of around 1,200 percent.

"That's just wild," said Catina Voellinger, executive director of Ground Game Texas, which is backing Proposition A, in response to the data. "That just makes the case even stronger as to why we need these policies."

It's no secret that marijuana arrests hit people of color the hardest, and that is the case in Houston, too. According to the Harris County District Attorney's Office, which prosecutes crimes in Houston, Black people accounted for 74 percent of all marijuana arrests in the past five years, even though the US Census Bureau reports that Black people account for less than 23 percent of the population.

Marijuana enforcement also contributes to the overcrowding problem at the Harris County Jail on the outskirts of downtown Houston, where nearly 8,800 inmates are housed. The situation has grown so dire that the Sheriff's Department has been forced to send inmates to facilities in other states. As of mid-October, over 1,100 inmates were being confined behind bars outside Texas.

Under a program run by the Harris County District Attorney's Office, which prosecutes criminal offenses in Houston, defendants charged with low-level marijuana cases can be diverted from jail into a four-hour cognitive class and 90 days of community monitoring. But a new state law restricting local prosecutorial discretion has created uncertainty about the program's future and a blame game among state politicians.

The state legislature could resolve all these problems, and the whole dispute around hemp-derived intoxicating cannabinoids as well, by simply legalizing marijuana and establishing clear, enforceable regulations. Such a framework could respect adults' personal choices while protecting children, holding irresponsible businesses accountable and preserving public order. Instead, lawmakers have left local communities struggling with an inconsistent patchwork of policies. Proposition A lets Houston voters try a more reasonable approach.

Despite claims state Attorney General Ken Paxton made about deprioritization or decriminalization measures in other Texas cities that "Municipalities cannot refuse to enforce Texas drug laws concerning possession and distribution of marijuana," neither deprioritization nor decriminalization is the same as ending marijuana law enforcement. In the case of Proposition A, deprioritization simply means these cases should rank below more urgent public safety concerns.

Equally important, Proposition A requires a one-time audit of HPD's misdemeanor marijuana enforcement over the previous five years, along with annual public reports documenting arrests and citations for low-level possession. Although the ballot doesn't spell out these reporting requirements, they may be among the proposal's most valuable provisions. Public accountability matters. Houston residents should be able to see how police resources are being used, how often people are arrested for minor marijuana offenses, and whether enforcement practices are producing meaningful public safety benefits. Reliable data would help voters and policymakers evaluate the department's performance and make better-informed decisions about future reforms.

While Proposition A's marijuana policy changes are gathering the lion's share of attention, the measure also addresses another troubling police practice: no-knock warrant raids. The city is still scarred by a 2019 no-knock raid on Harding Street that left a married couple and their dog dead and four officers wounded. That raid is why no-knock raids are part of Proposition A.

In that case, Houston Police narcotics officer Gerald Goines gave false information to a judge in order to obtain a search warrant for nonexistent heroin at the Harding Street address. When police attacked the home, they encountered not a drug dealer but a pair of innocent, armed homeowners – and killed them. Goines himself was also wounded, but that was the least of it for the criminal narc. He was later convicted of murder and is now serving a 60-year prison sentence. His partner in crime, Houston narc Steven Bryant, pleaded guilty to falsifying a police report.

The tawdry tale exposed serious failures in police conduct and oversight. In response, HPD adopted departmental restrictions on no-knock warrants. Proposition A would go a step further by ending the practice through city policy. The Harding Street tragedy demonstrated the potentially devastating consequences when officers enter homes without adequately safeguarding the rights and lives of the people inside. The proposal addresses two important issues: the disproportionate use of law enforcement resources on low-level marijuana possession and the dangers associated with no-knock warrants. It also emphasizes transparency and accountability – principles that should guide any police department serving a major American city.

Houston voters shouldn't have to wait for the Texas Legislature to mandate comprehensive marijuana reform before demanding better local policies. Proposition A offers a practical opportunity to reduce unnecessary arrests, improve public oversight and strengthen safeguards against dangerous police practices.

Drug War Chronicle correspondent Clarence Walker is based in Houston, Texas, where weed is king. He is also the editor of Houstonnewstoday.com. He can be reached at [email protected].