Home / Dallas News / Dallas Police Chief Eddie García to craft new policy for low-level pot possession

Dallas Police Chief Eddie García to craft new policy for low-level pot possession

Dallas Police Chief Eddie García said he is open to re-evaluating how low-level marijuana arrests are made after data showed that Blacks and Latinos are overrepresented.

In his first Public Safety Committee meeting on Monday, García asked for 30 days to create a new police policy regarding low-level marijuana arrests. It happened as council members were getting ready to recommend that the city end arrests for low-level marijuana possession.

Some city officials have said people should not be arrested for amounts under 2 ounces and should be cited instead. But the weight, often referred to as low-level, can be deceiving.

“Those small amounts, those don’t excite me,” García said. “Arresting individuals that are victimizing our city — that excites me. Getting drug dealers — that’s exciting.”

Last year, council member Adam Bazaldua led the charge to decriminalize marijuana after data from the Dallas County District Attorney’s office showed the disparities among Black and Latino people. Those arrests also can come with a steep cost: Under a recent Texas law, the city is required to test the marijuana.

According to an analysis by the Office of Community Police Oversight, Black people in Dallas make up 24% of the city’s population, but accounted for 57% of marijuana possession arrests over the last three years.

On Monday, García prepared a show-and-tell of what 2 ounces of marijuana looks like. He lifted up a single quart-size baggie example with 2 ounces. And he proceeded to show 2 ounces divided up in small baggies.

García said the baggies can signal an intent to distribute instead of what a person may consume for personal use.

“There is nowhere legally in the state of Texas where you can get this,” he said. “So to even get 2 ounces, you will be going to a drug dealer to get the drugs.”

García previously was chief in San Jose, Calif., where recreational and medical marijuana use is legal and people can buy up to an ounce a day. He shared concerns about disparities in enforcement.

However, marijuana in Texas is illegal, he said, and often connected to drug houses where other narcotics may be sold.

Police can use cite and release as an option for amounts less than 4 ounces, but they say they don’t use the tool as much because people often can’t meet all the criteria, which includes being a Dallas County resident, providing photo identification and having no previous convictions.

Dallas police used cite and release 16 times in January. Twenty-one people were arrested for only marijuana possession, and police said they did not meet the requirement but did not say why.

For January, about 37% of all drug arrests in Dallas were related to marijuana. Out of 737 total drug arrests, police made 210 arrests for amounts less than 2 ounces.

Dallas Police officials said most of the low-level arrests included secondary charges, but it’s unclear what those included.

Police said the average amount found on people was about 7 grams, or the equivalent of seven sugar packets.

Bazaldua said he brought the item to council members because García’s predecessor, former Police Chief U. Reneé Hall, said a new ordinance would be needed to change enforcement.

Several council members said they want police officers focused on tackling the city’s violent crime.

According to available police statistics as of Feb. 7, police reported 21 homicides this year compared to 16 a year ago.

Committee Chairwoman Jennifer Staubach Gates said the marijuana resolution would not go to the full council. Instead, the committee will give García time to present what the department’s new general order would be.

“We also want to give him the ability to be nimble, and to be able to figure out … best policing practices to keep all of our communities safe,” Gates said.

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