Houston voters pass measure limiting HPD marijuana enforcement, but county agencies unaffected

Houston voters approved a measure on Tuesday that directs the Houston Police Department to treat enforcement of specific marijuana possession offenses as its lowest priority.

The new Proposition A amends the city charter to require HPD to prioritize Class A and Class B misdemeanor marijuana possession cases at the bottom of its enforcement list. The measure mandates that the city update departmental policies and train officers on the new procedures. It does not legalize marijuana under Texas state law. Law enforcement and prosecutors retain full discretion to enforce existing state statutes.

The measure applies specifically to HPD. It does not automatically bind other law enforcement agencies operating within the city, including Harris County constables and sheriff’s deputies. Criminal defense attorney Corey Roth noted that the agency responding to a call can determine how a case is processed. Roth stated, “If it’s HPD, they’re going to handle it one way. If it is the sheriff’s office, they are going to probably handle it a different way because this proposition does not apply to any police department other than the city of Houston.”

Within HPD, questions remain regarding implementation. Ray Hunt, executive director of the Houston Police Officers’ Union, said officers were not part of the drafting process and have not received clear instructions. Hunt said, “We’ve got no direction from the district attorney’s office, I’m not sure they’re completely sure what it means.. we don’t even know.” Hunt stated that officers will continue to contact the Harris County District Attorney’s Office to determine if charges should be filed or if a suspect qualifies for diversion.

The Harris County District Attorney’s Office said its position has not changed and it has not issued new guidance following the vote. The office noted that District Attorney Sean Teare expanded eligibility for the county’s marijuana diversion program. According to the office, marijuana possession accounts for only 0.021% of the misdemeanor charges currently accepted. The office said this approach allows prosecutors to focus resources on violent offenders, drug traffickers, and organized crime rather than first-time, nonviolent drug offenders. The office also urged the Texas Legislature to clarify cannabis laws during the next session.

The city must now update HPD policies and provide officer training. The measure also requires the city to report on marijuana enforcement activity and provide information on how the new policy is being implemented. Reporters reached out to Harris County constables and the Sheriff’s Office to ask if their enforcement policies will change. Responses are pending. Proposition A currently changes HPD priorities but does not alter state law or the automatic enforcement protocols of county agencies.