Houston voters will decide in November whether misdemeanor marijuana possession becomes the Houston Police Department’s lowest law-enforcement priority.
Proposition A would also prohibit HPD from requesting, participating in or executing no-knock warrants.
The measure would not legalize marijuana. Marijuana possession would remain illegal under Texas law.
What would Prop A change?
If approved, Prop A would make Class A and Class B misdemeanor marijuana possession HPD’s lowest enforcement priority.
Supporters say the goal is to reduce low-level marijuana arrests and keep those cases from entering the criminal justice system in the first place.
Jack Nieto, lead organizer for Ground Game Texas, said the group believes marijuana arrests have increased under the current administration.
“We have noted under his administration, a 1200% increase in low level, marijuana arrests.”
Nieto said the measure would give Houston a written policy instead of leaving the decision to individual city administrations.
“This bill does not legalize marijuana because.. Houston can’t legislate for Texas. But what Houston can do is set the priorities of how it uses its resources to enforce those laws.”
The DA’s Office says diversion is already working
The Harris County District Attorney’s Office says DA Sean Teare has broadened the number of people who qualify for the county’s marijuana diversion program.
The office says marijuana possession makes up just 0.021% of the misdemeanor charges it now accepts.
The DA’s Office says its approach is to focus limited prosecutorial resources on violent offenders, drug traffickers and organized crime rather than first-time, nonviolent drug offenders.
The office also says it continues to encourage law enforcement agencies to use its marijuana diversion program and provide eligible people with information about how they can be diverted away from the criminal justice system.
The DA’s Office says state cannabis laws continue to cause confusion for law enforcement and residents across Texas and is urging the Legislature to clarify those laws.
Police union questions the need for the measure
Douglas Griffith, president of the Houston Police Officers Union, says HPD already handles many low-level marijuana cases through the diversion process.
He says HPD made about 400 arrests for marijuana possession last year, and most involved another charge.
“Last year a grand total of 400 arrests were made for possession of marijuana and those were in relation to other charges. 90% of the time it’s because we have a secondary charge.”
Griffith also says officers still have to document and process marijuana evidence when they encounter it.
“We still have to do all the paperwork the same. It doesn’t matter. If we see it, we can’t throw it away. It’s tampering with evidence.”
Why does the police union say Prop A could cause confusion?
Griffith says the biggest concern is that Houston could have a different enforcement priority than other law-enforcement agencies operating in the area.
He points to parts of Houston that extend into other counties.
“Montgomery County ain’t changing anything. And again, what do we do when we’re in Montgomery County? Because part of Houston is in Montgomery County. Part of Houston’s in Fort Bend County. So if their areas are different, you’re again, you’re trying to regulate state law at a local level.”
The DA’s Office also acknowledges confusion surrounding Texas cannabis laws but says that issue should ultimately be clarified by the state Legislature.
What does Prop A NOT do?
Prop A would not make marijuana legal in Houston.
It would not change the Texas law that makes marijuana possession illegal.
It would instead set HPD’s enforcement priority for Class A and Class B misdemeanor marijuana possession.
Other law-enforcement agencies would continue to operate under Texas state law.
The measure would also prohibit HPD from requesting, participating in or executing no-knock warrants.
When will Houston voters decide?
Proposition A will be on the ballot for Houston voters in November.
The election is November 3, 2026.
The decision will ultimately determine whether the proposed changes become part of the Houston City Charter.
