Texas Attorney General Ken Paxton announced Thursday that he will file a lawsuit targeting the blue city of Dallas over a ballot measure to decriminalize marijuana.
Paxton argues that Prop. R violates state law, which “prohibits the Dallas Police Department from considering the odor of marijuana as probable cause to make an arrest or issue a citation for marijuana possession, or to conduct a search or seizure.” There is.
The attorney general argues in the lawsuit that the ballot measure preempts Texas law that criminalizes possession and distribution of marijuana. Paxton also argues that the Texas Constitution prohibits local governments from adopting ordinances that conflict with laws enacted by the state Legislature.
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Texas Attorney General Ken Paxton speaks in front of the U.S. Supreme Court in Washington, DC, on November 1, 2021. (Drew Angerer/Getty Images)
“Cities cannot choose which state law they follow,” Paxton said in a statement. “The City of Dallas does not have the authority to override Texas drug laws or prohibit police enforcement from drug enforcement.”
Paxton called the ballot measure a “backdoor attempt to violate the Texas Constitution” and threatened to sue other cities that “try to restrain police in this way.”
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Marijuana flower buds. (AP Photo/Sakchai Lalit, File)
The lawsuit comes after Interim Dallas Police Chief Michael Ego directed Dallas police not to enforce marijuana laws against anyone found in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit that campaigned in favor of the ballot measure, said the bill would “keep people out of jail for marijuana possession” and “stop racially biased policing.” It claimed that it would help “reduce” and “save millions of dollars in public funds.”
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Mature marijuana plants begin to bloom under artificial lighting at Loving Kindness Farms in Gardena, California, on May 20, 2019. Paxton sued the city of Dallas over a ballot measure that decriminalized possession of small amounts of marijuana. (AP Photo/Richard Vogel)
“While disappointing, it is surprising that Attorney General Ken Paxton has clearly chosen to waste everyone's time and money by filing yet another baseless lawsuit against the decriminalization of marijuana. That's not true,” said Katina Voelinger, executive director of Ground Game Texas.
“Judges in Travis County and Hays County have already dismissed identical lawsuits filed in those counties. The Dallas Freedom Act was overwhelmingly approved by 67% of voters. This is democracy in action. .”
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Since January 2024, Paxton has filed a lawsuit against five Texas cities seeking to decriminalize marijuana possession, arguing that these policies promote crime, drug abuse, and violence.
