Denton City Council meeting didn't cover marijuana decriminalization as planned; local advocates still want answers

Denton Record-Chronicle
By Toluwani Osibamowo, KERA News
April 19, 2023

Denton City Council members unexpectedly took discussion of a controversial marijuana decriminalization ordinance behind closed doors at a Tuesday meeting — prompting criticism from the group that wants the city to enforce the measure.

Decriminalize Denton, the group that petitioned to get Proposition B on the ballot in November, asked City Council candidates last week to sign a pledge vowing to urge the city to enforce Prop B in its entirety.

Only one candidate signed. Some gave no response, and others gave varying responses in support of or against the pledge.

Nick Stevens with Decriminalize Denton spoke at the regular City Council session Tuesday night and said he was disappointed by the council's decision not to publicly discuss their plans for Proposition B.

“This isn't some sort of political game where we're all trying to raise money and run for mayor," Stevens said. "It's because we deeply care about the issue, where we put partisan politics to the side to actually get something done, and y'all aren't doing anything."

Approved by 72% of Denton voters in November, Proposition B stops police from making arrests or citations for low-level marijuana offenses and from using the smell of cannabis to justify search and seizure.

Despite that overwhelming support, the mayor of Denton and other City Council members still maintain their position that the ordinance violates state law and is too limiting for police.

"In short, the City does not have the authority to implement some provisions of Proposition B without changes to current drug laws by Congress and the Texas Legislature," City Manager Sara Hensley wrote in a Nov. 9 statement.

Council member Chris Watts, who joined the meeting remotely, suggested Tuesday the agenda item about Prop B be discussed a closed session, citing “pending litigation” from last week. Deputy City Attorney Michael Cronig joined the closed work session.

Watts didn't elaborate, but KCEN-TV reported Bell County sued the city of Killeen for a similar proposition, also approved by voters in November.

Denton Mayor Gerard Hudspeth confirmed concerns over a similar lawsuit were the reason to discuss the measure behind closed doors.

Though he said he wants to respect voters who supported Proposition B, he said it's also his duty to protect the interests of the city as a whole.

“I don’t think the majority of voters wanted us to violate state law and spend tax money on legal fees versus fixing the streets, those sort of things,” Hudspeth said.

But proponents of marijuana reform say his reasoning isn't good enough.

“There is no good reason to postpone a discussion of enforcing a law that you all certified, that the public overwhelmingly voted for and that has not been successfully challenged at all,” Deb Armintor, a former City Council member and decriminalization advocate, said at Tuesday's council meeting.

Not all city officials are against Prop B's enforcement. Mayor Pro Tem Brian Beck wrote a letter in support of Decriminalize Denton's pledge, though he ultimately did not sign it.

He said he does not share the city's concerns about the legality of Proposition B and believes the city should uphold the will of the majority of voters, just like with any other law.

"You can enact them and protest or you can enact them and just go on, but you pretty much have to enact them," Beck said. "They're the rules."

The fate of ordinance is now in limbo until the majority agrees on how to move forward, whether it's enforced completely or partially.

Still, Beck said Denton residents can use their vote to express how they feel about the response from city officials.

“Until you have a consensus of four-plus individuals with the same view, or at least the same overlapping view, then we're going to spin and churn and go through the ugly democratic process," Beck said.