Texas Attorney General Ken Paxton has filed a lawsuit against the city of Dallas, seeking to prevent the city from decriminalizing marijuana-related offenses. This is the sixth lawsuit Paxton has filed this year against cities in Texas that have adopted measures to decriminalize marijuana possession and distribution.
The city of Dallas approved Proposition R, also known as the “Dallas Freedom Act,” in November, which prohibits the city’s police department from making arrests or issuing citations for marijuana possession of four ounces or less. The measure also stops police from considering the odor of marijuana as probable cause for search or seizure, except in cases of violent felonies or high-priority narcotics investigations.
Paxton argues that the city’s ordinance is in conflict with state law and the Texas Constitution, which prohibits municipalities from adopting policies that are inconsistent with state laws. He claims that the ordinance is a “backdoor attempt to violate the Texas Constitution” and that cities cannot pick and choose which state laws they follow.
However, some city officials, including Mayor Eric Johnson, have opposed the ordinance, arguing that it is “straight-up illegal” under state law. The city’s police department has also not enforced the ordinance, citing conflicting state laws.
The lawsuit is the latest development in a broader trend of cities in Texas adopting measures to decriminalize marijuana possession and distribution. While some cities, such as San Marcos and Austin, have seen their ordinances upheld in court, others, such as Elgin and Denton, have had their ordinances stalled or dismissed due to conflicts with state law.
The movement to decriminalize marijuana has gained momentum in recent years, with many cities and states adopting similar measures. However, the federal government has yet to reclassify marijuana as a less dangerous drug, and some states, such as Florida, North Dakota, and South Dakota, have rejected measures to legalize recreational marijuana.
Despite these challenges, advocates for marijuana decriminalization remain hopeful that the tide is shifting in their favor. “Texas Attorney General Ken Paxton has decided once again to waste taxpayer money to litigate another local marijuana decriminalization measure,” said a statement from the Texas Cannabis Collective, a Dallas nonprofit that advocates for the decriminalization of marijuana. “The will of the people should be respected, and we will continue to fight for the rights of Texans to make their own choices about marijuana.”
