Texas Attorney General Ken Paxton has filed a lawsuit against the City of Dallas, challenging a recent city charter amendment that would essentially decriminalize many marijuana-related offenses.
Paxton continues to argue that the move violates state law and infringes on the authority of Texas law enforcement.
However, earlier this month, Dallas voters approved Proposition R, a ballot measure designed to prevent the Dallas Police Department from making arrests or issuing citations for marijuana possession under 4 ounces.
Proposition R also prohibits the use of marijuana odor as probable cause for a police search. However, Paxton claims that the policy is illegal, as Texas municipalities are required to fully enforce all state drug laws, which currently classify marijuana as an illicit substance.
According to Paxton, the state law prohibits political subdivisions, aka cities, from adopting policies that conflict with any state laws governing drug enforcement.
“Cities cannot pick and choose which state laws they follow,” Paxton said in a recent press release.
“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,” Paxton added.
The lawsuit against Dallas follows Paxton’s broader legal strategy to ensure local governments adhere to Texas’ drug mandates.
Earlier this year, Paxton’s office filed similar lawsuits against five other Texas cities that had adopted marijuana decriminalization policies, as previously reported by The Dallas Express.
In 2022, residents of Austin, San Marcos, Killeen, Elgin, and Denton voted in favor of measures to decriminalize minor marijuana possession. Following Paxton’s lawsuits against the cities in January of this year, Denton, Elgin, and Killeen upheld their decisions to suspend citations and arrests for marijuana possession, with a few exceptions.
Paxton contends that all marijuana legalization policies encourage crime and drug abuse, a sentiment echoed by former Dallas Police Chief Eddie Garcia. In August, Garcia argued to the City Council that 4 ounces of marijuana exceeds the amount typically held by someone for personal use, implying it is usually linked to drug trafficking.
As of publication, Dallas officials had not publicly commented on the marijuana lawsuit from Paxton’s office.