Houston Voters Weigh Marijuana Enforcement, No-Knock Warrant Ban

HOUSTON — City voters are deciding whether to change how Houston police handle misdemeanor marijuana possession and permanently bar officers from seeking or executing no-knock search warrants.

Proposition A, also called the Houston Freedom Act, is on the Nov. 3 ballot. According to the City of Houston’s official election materials, approval would require the Houston Police Department to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest law-enforcement priority. The measure would also require related audits and public reporting.

The second part would prohibit Houston police officers from requesting, executing or participating in a search warrant unless officers knock, announce their presence and wait at least 15 seconds before entry.

The proposal does not legalize marijuana in Houston or change Texas criminal law. It would instead direct how HPD uses its personnel and enforcement resources. The city charter language also supports diversion programs, where legally permitted, as an alternative to arrest or prosecution.

The marijuana provision comes amid renewed scrutiny of local enforcement. The Houston Chronicle reported that misdemeanor marijuana arrests in Harris County nearly tripled from 2023 to 2024. Legal and policy experts cited by the newspaper said the increase reflects decisions by multiple agencies and prosecutors, not HPD alone, and noted that a 2023 state law allows courts to remove district attorneys who refuse to enforce entire classes of crimes.

The warrant provision follows years of debate after the deadly 2019 Harding Street raid. ABC13 reported that HPD has not executed a no-knock warrant since a 2020 executive order tightened the department’s policy. Proposition A would place a prohibition in the city charter rather than leave the matter to departmental policy.

The measure could still face legal questions if it passes. Similar voter-approved marijuana enforcement policies in other Texas cities have drawn challenges from state officials, who argue that municipalities cannot adopt practices that conflict with state drug laws. Proposition A’s text anticipates that possibility by stating that the policy applies unless a binding state or federal court ruling requires otherwise.

Supporters say the proposal would conserve police resources, reduce the risk of discriminatory enforcement and strengthen safeguards during searches. Critics and skeptics question whether a city policy can significantly change marijuana case outcomes when county prosecutors and state law remain involved.

Early voting began Oct. 19 and continues through Oct. 30. Election Day is Tuesday, Nov. 3, with polls open from 7 a.m. to 7 p.m., according to the city.

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