Houston Freedom Act

Charter Amendment

BE IT ORDAINED BY THE VOTERS OF THE CITY OF HOUSTON, TEXAS:

Article X of the Charter of the City of Houston, Texas is hereby created, to be titled “Houston Freedom Act” and to read as follows:

Article X. - HOUSTON FREEDOM ACT

Sec. X.01. Title.

This article shall be known as the Houston Freedom Act.

Sec. X.02. - Purpose.

Pursuant to the home rule authority of the Texas Constitution, to promote the health, safety, and general welfare of the people of Houston, Texas, the voters of Houston hereby enact the Houston Freedom Act, a policy to reform marijuana enforcement by city personnel, with the specific objectives of carefully allocating scarce city resources, reducing the risk of discriminatory enforcement practices, and focusing city resources on the highest priority public safety concerns.

Sec. X.03. - Enforcement of misdemeanor marijuana offenses.

Unless and until a binding act of a state or federal court requires otherwise, the Houston Police  Department shall make enforcement of Class A and Class B misdemeanor marijuana possession its lowest possible enforcement priority. In particular,  the City shall update its annual budget, police department manual, and relevant policies and procedures to ensure that public safety resources are not wasted on misdemeanor marijuana enforcement, and are instead targeted at other programs that best promote the health, safety, and general welfare of the people of Houston.

Sec. X.04 - Diversion program plan.

It is the policy of the City of Houston to support the use of diversion options, where legally permissible, for individuals accused of Class A or Class B misdemeanor marijuana possession. Diversion options may include, but are not limited to, referrals to treatment for mental health or substance use, participation in community service programs, or other alternatives to arrest or prosecution that are consistent with Article 16.23 of the Texas Code of Criminal Procedure. This policy is intended to encourage the prioritization of non-custodial, health-oriented responses in appropriate circumstances, while preserving the discretion of law enforcement and prosecutors to enforce state law.

Sec. X.05. - Handling of evidence.

In any instance governed by this policy, if a Houston police officer has probable cause to believe that a substance is marijuana, the officer may seize the substance. If the officer seizes the substance, they must write a report explaining the grounds for seizure.

Sec. X.06. - THC Testing Budget Transparency and Public Safety Prioritization

The City Manager shall ensure that the City’s budget and annual reporting reflect the total funds and staff time spent on tetrahydrocannabinol (THC) concentration testing of cannabis-related substances. The City Council may, by majority vote, allocate funds for THC testing where it determines that such testing serves a compelling public safety purpose, such as in connection with investigations involving violent felony offenses or other serious threats to the community. In preparing budget recommendations, City staff shall give priority to programs and services that most effectively promote public health and safety, and shall include a public statement when THC testing expenditures are proposed.

Sec. X.07. - Training and policy updates.

The City Manager and Chief of Police shall ensure that (a) City policies and internal operating procedures are updated in accord with this policy and (b) Houston police officers receive adequate training concerning each of the provisions of this policy.

Sec. X.08. - City audit of marijuana enforcement.

To promote transparency, community awareness, and evidence-based policymaking, the City shall conduct a one-time audit of all misdemeanor marijuana enforcement conducted by the City Police Department within the last five years of the effective date of this policy. This audit shall be prepared by the City Manager, in consultation with the Chief of Police and other relevant City personnel, and it shall be presented to the City Council at a public meeting subject to the Texas Open Meetings Act no later than 120 days following the effective date of this policy.

The audit shall comprise two sections. The first section shall include annual data. For each year under review, the City shall provide: (a) total misdemeanor marijuana arrests made; (b) total misdemeanor marijuana citations issued; and (c )demographic information for each person charged with an offense, including age, gender, race, and ethnicity.

The second section of the audit shall include estimated data. To the best of their ability, the City shall determine: (a) the average total staff hours required per misdemeanor marijuana charge, including officer time, transit time, and any staff processing time; (b) the average total cost to the City per misdemeanor marijuana charge; (c ) the estimated total spent by the City on THC testing for each year under review; and (d) the estimated total spent by the City on misdemeanor marijuana enforcement, including staff and testing costs, for each year under review.

This audit shall also be made available to the public through the City website and archived for long-term access and review.

Sec. X.09. - Annual reports.

The City Manager, in consultation with the Chief of Police and other relevant City personnel, shall prepare an annual report concerning the implementation of this policy, to be presented to  the City Council at a public meeting subject to the Texas Open Meetings Act, and with the first  report due no later than 120 days following the effective date of this policy. Each annual report shall include a summary of the City’s implementation of this policy, and shall include specific information concerning enforcement of misdemeanor marijuana possession offenses, including (a) total arrests made; (b) total citations issued; (c ) demographic information for each person charged with an offense, including age, gender, race, and ethnicity; (d) number of cases referred to diversion programs; and (e) estimated staff hours used in conducting enforcement activities.

These reports shall also be made available to the public through the City website and archived for long-term access and review.

Sec. X.10 - Ban on No-knock warrants.

No Houston police officer may request, execute, or participate in the execution of any search warrant that does not require the officer to knock and announce their presence and wait at least 15 seconds prior to execution.

Sec. X.11. - Severability.

In the event that any court finds any section of the Houston Freedom Act to be unlawful or  unenforceable, that section shall be severed from this policy and the rest shall continue in force.