Houston Proposition A: What the Marijuana and No-Knock Warrant Measure Would Do

By James Buddsey · Updated November 4, 2026

Update, November 4, 2026: Proposition A passed. In Harris County’s unofficial cumulative results (5:58 a.m. November 4), it led For 411,506 (71.5%) to Against 164,252 (28.5%). Those figures cover the Harris County portion of Houston; the result is not certified. Marijuana possession is still a crime under Texas law. See our 2026 marijuana election results for every 2026 measure.

Houston Proposition A would amend the city charter to make misdemeanor marijuana possession the Houston Police Department’s lowest enforcement priority and ban HPD from seeking or executing no-knock search warrants, but it would not legalize marijuana. Possession stays a crime under Texas law either way. Early voting runs October 19 to 30, 2026, Election Day is November 3, and similar measures in Austin and San Marcos have already been blocked in court after lawsuits from the Texas attorney general.

This is our in-depth guide to the Houston measure, which is also known as the Houston Freedom Act. For the statewide and national picture, see our roundup of marijuana ballot measures in 2026 and our guide to Texas marijuana laws. Facts are current as of October 24, 2026. Voters approved it on November 3; see the update above. Read more: Election Day 2026.

What Houston Voters Will See on the Ballot

Proposition A appears under the heading “City of Houston, Charter Amendment Election.” The Harris County Clerk’s sample ballot for the November 3, 2026 election words it this way:

“Shall the City Charter of the City of Houston be amended to 1) require the Houston Police Department to make enforcement of Class A and Class B misdemeanor marijuana possession its lowest law-enforcement priority with related reporting requirements and 2) prohibit Houston police officers from requesting or executing “no-knock” search warrants?”

Voters choose “For” or “Against.” It is one question with two parts. As FOX 26 Houston explained, you cannot vote for the marijuana provision and against the warrant ban, or the reverse.

What Proposition A Would Do

The full charter text, published by the campaign group Ground Game Texas, adds a new article with several working parts:

• Lowest priority: HPD “shall make enforcement of Class A and Class B misdemeanor marijuana possession its lowest possible enforcement priority.” That language applies “unless and until a binding act of a state or federal court requires otherwise.”
• Diversion: the city is directed to support diversion options “where legally permissible,” while officers and prosecutors keep their discretion to enforce state law.
• Seizure still allowed: an officer with probable cause to believe a substance is marijuana may seize it, but must write a report explaining the grounds.
• THC lab testing: the city must show in its budget and annual reports how much money and staff time goes to testing THC concentration. City Council may fund testing by majority vote where it finds a compelling public safety purpose, such as a violent felony investigation.
• Five-year audit: a one-time audit of misdemeanor marijuana enforcement over the five years before the policy takes effect, covering arrests, citations, the age, gender, race and ethnicity of the people charged, and estimated costs. It must be presented to council at a public meeting within 120 days.
• Annual reports: yearly public reports on arrests, citations, demographics, cases sent to diversion and staff hours spent on enforcement.
• No-knock ban: no Houston officer may request, execute or take part in a search warrant unless it requires officers to knock, announce themselves and wait at least 15 seconds before entering.

Some coverage has said the measure would stop police from using the smell of marijuana alone as probable cause for a search. We did not find that provision in the charter text posted by the campaign, so treat that claim as unconfirmed.

What Proposition A Would Not Do

It would not make marijuana legal in Houston. Under Health and Safety Code 481.121, possessing 2 ounces or less is a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine under Penal Code 12.22. More than 2 and up to 4 ounces is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine under Penal Code 12.21. Those are the two offense levels Prop A covers.

It also does not touch:

• THC concentrates and vapes. These fall under Penalty Group 2 in HSC 481.116, where even less than a gram is a state jail felony. Prop A’s priority language covers only misdemeanor marijuana possession.
• Sales, delivery and growing. Selling, delivering and cultivating marijuana stay fully enforceable.
• Other agencies. The charter binds Houston police officers. The Harris County Sheriff’s Office, county constables, Texas DPS troopers and school district police are separate agencies that the city charter does not control.
• Prosecutors. The Harris County District Attorney decides which cases to file. Tom Hogan, a professor at South Texas College of Law Houston, told FOX 26 that the measure would not stop officers from pursuing marijuana cases and that police leadership and the DA’s office would shape practice.

Even supporters agree on this point. “Our ballot initiative doesn’t supersede state law, obviously,” Natalie Marquez of Ground Game Texas told FOX 26. If you want the difference between the two ideas explained, our explainer on decriminalization vs. legalization covers it.

How Prop A Got on the Ballot

Ground Game Texas turned in about 40,000 signatures. the Texas Local Government Code requires 20,000 valid signatures to force a charter amendment election, and the city secretary’s office reviewed a sample of 22,178 signatures and found enough valid ones, Texas Scorecard reported. City Council voted on August 12, 2026 to place the amendment on the November 3 ballot.

The no-knock half traces to the January 2019 Harding Street raid. HPD narcotics officer Gerald Goines obtained a no-knock warrant using fabricated information, and homeowners Dennis Tuttle and Rhogena Nicholas were killed in the raid. Goines was convicted of two counts of felony murder in 2024 and sentenced to 60 years, according to the same Texas Scorecard report. HPD later required the police chief to personally approve any no-knock request, but did not ban the tactic.

The Arguments For and Against

Supporters say the measure would reduce enforcement disparities, limit the lasting consequences of low-level marijuana arrests and write current practice into the charter so it survives changes in city leadership, according to FOX 26’s interview with Marquez. NORML, which backs the measure, notes that Texas police have made more than 200,000 marijuana-related arrests since 2018, and that 96% were for possession only.

Skeptics argue it changes little. Mayor John Whitmire said “It is not an issue in the city of Houston,” adding that no-knock warrants were not served under him or his predecessor, Sylvester Turner. Houston Police Officers’ Union President Douglas Griffith said, “Since Harding Street, we pretty much did away with no-knock warrants.” Councilmember Sallie Alcorn noted that the amendment would lock the current posture into the charter, where a future mayor or police chief could not change it. All three were quoted by Texas Scorecard. Hogan, the law professor, told FOX 26 he would keep no-knock warrants for limited, high-risk situations with judicial oversight rather than ban them outright.

Will It Survive a Lawsuit? What Happened in Other Texas Cities

This is the biggest open question. Attorney General Ken Paxton has sued several cities over voter-approved marijuana measures, arguing that cities cannot refuse to enforce state drug laws. In his Dallas suit he put it this way: “Cities cannot pick and choose which state laws they follow.”

Houston’s measure is worded more cautiously than Austin’s. It sets a priority rather than barring arrests or citations, it keeps officers’ power to seize marijuana, and it says the policy yields to “a binding act of a state or federal court.” Whether that drafting changes the legal outcome is untested. No lawsuit against Houston’s measure had been filed as of October 24, 2026, which is expected, since there is nothing to challenge unless voters approve it. The reporting and audit sections, which only require the city to publish data, may be harder to attack than the enforcement section. The charter also includes a severability clause, so if a court strikes one part, the rest stays in force.

Early Voting and Election Day Details

Those hours come from HarrisVotes.com, which also has a polling place finder and a “What’s on my Ballot?” lookup. Parts of Houston extend beyond Harris County, so if you live in one of them, check your own county’s elections office for locations and hours. Only voters who live inside Houston city limits will see Proposition A.

What This Means for You

• If Prop A passes, getting caught with marijuana in Houston is still a crime. An HPD officer can still arrest or cite you, seize the marijuana and refer the case to the DA. The change is in how the department ranks the work and what it must report publicly.
• If Prop A fails, current HPD policy continues, including the police chief sign-off rule for no-knock warrants. Policy could later change without a charter vote.
• Outside HPD’s reach, including county roads, freeways patrolled by DPS, school campuses and federal property, Prop A has no effect.
• Vapes and concentrates remain felony territory in Texas regardless of the vote.
• Medical patients should rely on the state’s Compassionate Use Program, explained in our Texas guide, not on a local enforcement policy.

For rules in other states and federal law, see our state cannabis law guides and federal marijuana law page, and follow cannabis news for the Houston result.

Houston Proposition A FAQ

General information, not legal advice.