Houston Proposition A: What the marijuana enforcement and no-knock warrant measure would do
HOUSTON - Houston voters will decide in November whether to change how city police prioritize misdemeanor marijuana possession and prohibit officers from using no-knock search warrants.
Proposition A, also known as the Houston Freedom Act, combines those provisions into one proposed city charter amendment.
Supporters say the measure would help direct police resources toward more pressing public-safety needs and make enforcement more transparent. But a local law professor says voters should understand that changing enforcement priorities would not eliminate officers’ discretion or make marijuana legal.
What we know:
The proposal would direct HPD to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest enforcement priority.
It also would prohibit Houston police officers from requesting, executing or participating in the execution of search warrants that do not require officers to knock, announce their presence and wait at least 15 seconds before entry.
The measure includes a one-time audit covering five years of misdemeanor marijuana enforcement, followed by annual public reports.
The required reporting would include information about arrests, citations, demographics and police resources devoted to enforcement.
Houston voters will cast one vote for or against the amendment, rather than voting separately on its marijuana and warrant provisions.
What they're saying:
Natalie Marquez, director of campaigns and political strategy with Ground Game Texas, said the organization wants the policies written into the city charter so they remain in place across changes in city leadership.
She said the campaign’s goals include reducing disparities in enforcement and limiting the consequences of low-level marijuana cases.
"When somebody has a simple check-in with the police or an arrest with the police, it unravels their possible jobs, their homes, you know, any other future opportunities," Marquez said. "And we’re wanting to stop that cycle."
Marquez also emphasized that the proposal would not override Texas law.
"Our ballot initiative doesn’t supersede state law, obviously," she said. "Marijuana is still illegal in the state, but we can change the way our local police officers, you know, police when it comes to these things."
Tom Hogan, a professor at South Texas College of Law Houston, said giving misdemeanor marijuana possession a lower enforcement priority would not guarantee that an officer would decline to pursue a case.
"It’s not telling them that they can’t ever do anything anymore," Hogan said.
Hogan said guidance from police leadership and the district attorney’s office would help determine how cases are handled in practice.
Debate over No-Knock Warrants:
Marquez said concerns about the 2019 Harding Street raid helped inform the campaign’s decision to include a no-knock warrant restriction. She said the campaign views the provision as a way to protect both residents and officers.
Hogan opposes a blanket prohibition, arguing that no-knock warrants should remain available in limited, high-risk circumstances with judicial oversight.
"It is much better to make sure that the judges are a check on the police doing this only when it’s necessary," Hogan said.
His position differs from the campaign’s argument that prohibiting those warrants would improve safety.
What we don't know:
The interviews did not establish exactly how HPD would revise its operating procedures if voters approve Proposition A.
The practical effect on individual marijuana encounters would depend on implementation and the discretion that remains available under the law.
FOX 26 has not independently verified the campaign’s estimates of enforcement costs, projected savings or arrest disparities. Those figures are not included in this report.
What's next:
Houston voters will decide Proposition A in the November 3 election.
Early voting begins October 19 and ends October 30.
The measure concerns Houston city policy. It would not repeal Texas marijuana laws or make marijuana possession legal.
The Source: FOX 26 interview with Tom Hogan, professor at South Texas College of Law Houston, FOX 26 interview with Natalie Marquez, director of campaigns and political strategy with Ground Game Texas, Houston Freedom Act proposal published by Ground Game Texas, Texas Secretary of State election calendar