Houston voters may decide whether low-level marijuana possession should become a lowest-priority police matter, but the proposal must first clear the city’s ballot process. Ground Game Texas submitted roughly 40,000 signatures for the Houston Freedom Act, which also addresses no-knock warrants. The City Secretary was reviewing whether at least 20,000 signatures were valid, and City Council was scheduled to decide whether the measures would go before voters, according to Hoodline.
State law presents an immediate obstacle
Even if the proposal reaches the ballot and wins approval, Houston’s policy would confront state restrictions. Possession of two ounces or less of leaf marijuana remains a Class B misdemeanor. Concentrated THC, including THC in vape cartridges, is classified under Penalty Group 2; possession of less than one gram is a state jail felony under Texas Health and Safety Code § 481.116, according to the Sloane Law Firm.
In July 2024, the Texas Fifteenth Court of Appeals overturned lower-court rulings involving Austin and San Marcos, finding that their marijuana decriminalization ordinances were preempted by state law. The ruling followed lawsuits by Attorney General Ken Paxton against cities that adopted such policies, according to The Texas Tribune and NORML. That state-preemption finding is a central legal complication for Houston’s proposed measure.
What the appellate ruling does—and does not—decide
The appellate court’s stated legal basis was state-law preemption, but the cases involved existing municipal ordinances in Austin and San Marcos. The ruling therefore does not, based on the cited reporting, directly resolve Houston’s proposed charter amendment. Voters in Austin, San Marcos, Killeen, Elgin and Denton approved city-level ordinances limiting prosecution of minor cannabis crimes in 2022, a broader approach that differs from Houston’s proposal, according to Courthouse News Service.
Houston’s arrest figures sharpen the local dispute
Houston previously used a different diversion approach
Houston’s earlier response to low-level marijuana offenses was not the same as the proposed ballot policy. According to a June 25, 2020 Houston City Council committee document, the Harris County District Attorney’s Office said it had operated a misdemeanor marijuana diversion program since January 2017, giving thousands of people an opportunity to avoid a criminal record. That program offered diversion; the proposed Houston measure would establish a city enforcement-priority policy, according to the Houston City Council Public Safety & Homeland Security Committee.
The dispute comes as Houston’s recent arrest figures differ from the administration’s stated priority. Mayor John Whitmire has said marijuana possession arrests are a low priority for his administration. Houston officials nevertheless reported that misdemeanor marijuana arrests increased by almost 1,300 percent after Whitmire was elected in December 2023. Public records obtained by Houston Public Media showed an average of 440 misdemeanor marijuana possession arrests per year under Whitmire, compared with an average of 35 annually between 2021 and 2023 under the prior administration.
Goodwin links the local proposal to a broader cannabis dispute
Goodwin supports the Houston measure while campaigning for statewide cannabis legalization and regulation similar to alcohol regulation. The Houston Press reported her position and her claim that possession of THC vape products can result in a felony charge; that campaign-related legal assertion is attributed to the report rather than presented as an independent finding. Goodwin has represented an Austin district in the Texas House since 2019 and is seeking to unseat two-term incumbent Dan Patrick, according to the Houston Press.
The state debate also involves intoxicating hemp products. Texas permits hemp products containing no more than 0.3 percent delta-9 THC but prohibits recreational marijuana, THC vape pens and synthetic THC products, according to the article’s cited legal and state sources. Changes to Texas consumable-hemp rules took effect July 31, 2026, while delta-9 smokeable hemp remained available, according to the Texas Department of State Health Services and the Austin American-Statesman. Patrick has pursued a ban on intoxicating hemp-derived products since late 2024. Governor Greg Abbott vetoed Senate Bill 3 in June 2025, citing concerns that federal Farm Bill preemption could lead to injunctions, according to the Texas Senate.
The campaign is also contesting Patrick’s school-library agenda
Goodwin has criticized Patrick’s announced plan to remove roughly 2,200 books from public school libraries. Patrick has identified Flowers for Algernon and I Know Why the Caged Bird Sings as titles he considers obscene and has said districts are not complying with Senate Bill 13, the 2025 law that authorized school boards to remove books after parent complaints. He has proposed lowering a district’s Texas Education Agency accountability rating by a full letter grade if it fails to remove challenged books, according to The Texas Tribune.
Night, Elie Wiesel’s 1956 memoir, is among the books cited in the dispute even though it appears on the State Board of Education’s required reading list. Austin City Council voted in August to declare the city a Book Safe Harbor, and Goodwin responded publicly to that action, according to Hoodline.
The statewide contest remains difficult for Goodwin
The lieutenant governor presides over the Senate, appoints standing committee members and chairs, assigns bills to committees and co-chairs the Legislative Budget Board, according to Texapedia. Patrick was first elected to the Texas Senate in 2006, first ran for lieutenant governor in 2014 and has not lost an election.
Texas has not elected a Democratic lieutenant governor since Bob Bullock’s reelection in 1994. An August Texas Pulse survey showed Goodwin ahead by two percentage points, while a Texas Southern University poll put Patrick ahead by seven points, according to The Texas Tribune. Goodwin’s campaign is using the Houston ballot proposal, cannabis policy and book removals to challenge Patrick, while the proposal’s ballot status and state-law limits remain unresolved.
