Attorney General Ken Paxton has sued the City of Dallas and local officials for adopting a city charter amendment that would “illegally decriminalize marijuana-related offenses and prohibit police from enforcing Texas law.”
Earlier this month, the City of Dallas adopted Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession [up to four ounces] or considering the odor of marijuana as probable cause for search or seizure.” The measure was approved with over 66% support.
Now, Paxton is attempting to prevent the implementation of the proposal. Paxton has filed similar lawsuits in Killeen, Elgin, Denton, Austin, and San Marcos, which have all approved similar marijuana measures. In Austin and San Marcos, the lawsuits have already been dismissed by a judge.
“[M]unicipalities cannot refuse to enforce Texas drug laws concerning possession and distribution of marijuana—an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences”, says Paxton in a press release. “Texas Local Government Code forbids any political subdivision from adopting “a policy under which the entity will not fully enforce laws relating to drugs.” Further, the Texas Constitution makes it unlawful for municipalities to adopt ordinances that are inconsistent with the laws enacted by the Texas Legislature (Article XI, Section 5).”
Attorney General Paxton said, “Cities cannot pick and choose which State laws they follow. The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them. This is a backdoor attempt to violate the Texas Constitution, and any city that tries to constrain police in this fashion will be met swiftly with a lawsuit by my office.”
