Denton, TX Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- Denton Code of Ordinances Art. V, Ch. 21
- Adopted
- Ord. No. 22-1198, ratified 11-8-22
- Citations/arrests
- Barred except felony investigations
- Odor alone
- Not probable cause for search
- State law status
- Marijuana possession remains a state crime
Summary
Denton police are barred from citing or arresting people for low-level marijuana possession, except in narrow felony-related investigations.
Denton Police Officers shall not issue citations or make arrests for class A or class B misdemeanor possession of marijuana offenses, except in the limited circumstances described in subsection (b). The only circumstances in which Denton Police Officers are permitted to issue citations or make arrests...are when such citations or arrests are part of (1) the investigation of a felony level narcotics case...and/or (2) the investigation of a violent felony.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37 Update 1 | Development Code: Supplement 27).
Full Breakdown
Under Article V of Denton's Code of Ordinances, adopted after voters ratified a 2022 decriminalization measure, Denton Police Officers may not issue citations or make arrests for class A or class B misdemeanor marijuana possession. The only exceptions are when the citation or arrest is part of a high-priority felony narcotics investigation or a violent felony investigation. Officers who do encounter marijuana outside those exceptions may seize it and must release the person if possession is the sole charge. The code also bars using city funds for THC testing and bars using the odor of marijuana or hemp alone as probable cause for a search, both subject to the same felony-investigation exception.
Violations & Fines
No local citation issues for simple possession outside the felony exceptions; an officer may still seize the marijuana and file a report. Violating officers face internal discipline under city policy or the Local Government Code.
Frequently Asked Questions
Is marijuana legal in Denton?
Can police search me based on the smell of marijuana in Denton?
Sources & Official References
Other rules in Denton
Texas rules heatmap·Compare Denton to another location·View the Texas public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.