Texas AG sues Dallas for decriminalizing marijuana

Texas Attorney General Ken Paxton made headlines on Thursday as he announced a lawsuit targeting the city of Dallas over a controversial ballot measure that decriminalizes marijuana. Proposition R, which was passed by Dallas voters, prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession, as well as considering the odor of marijuana as probable cause for search or seizure.

Paxton wasted no time in filing the lawsuit, alleging that the ballot measure directly violates state law. According to Paxton, Texas law criminalizes the possession and distribution of marijuana, making the Dallas ordinance preempted by state laws. Additionally, Paxton claims that the Texas Constitution prohibits municipalities from adopting ordinances that conflict with state legislation.

“Cities cannot pick and choose which State laws they follow,” Paxton stated in a press release. “The City of Dallas has no authority to override Texas drug laws or prohibit the police from enforcing them.” The attorney general went on to call the ballot measure a “backdoor attempt to violate the Texas Constitution” and warned that he would sue any other city that attempts to limit police enforcement in a similar manner.

The lawsuit comes in response to interim Dallas Police Chief Michael Igo’s directive for Dallas police officers not to enforce marijuana laws against individuals found to be in possession of less than 4 ounces. This move by the police department sparked controversy and ultimately led to Paxton’s legal action against the city.

Ground Game Texas, a progressive nonprofit organization that supported the ballot measure, argued that decriminalizing marijuana possession would help keep individuals out of jail, reduce racially biased policing, and save millions in public funding. Despite the backlash from Paxton and the legal challenges ahead, the organization stands by the measure as a step towards social justice and fiscal responsibility.

“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director of Ground Game Texas. “Judges in Travis and Hays counties have already dismissed identical lawsuits filed there. The Dallas Freedom Act was overwhelmingly approved by 67% of voters — this is democracy in action.”

Since the beginning of 2024, Paxton has taken legal action against five Texas cities that have decriminalized marijuana possession, citing concerns about increased crime, drug abuse, and violence. As the legal battle continues, the future of marijuana laws in Texas remains uncertain.

In conclusion, the clash between state and local laws regarding marijuana decriminalization in Dallas has sparked a contentious legal dispute that could have far-reaching implications for drug policy in Texas. As the case unfolds, it will be crucial to monitor the outcome and its potential impact on similar initiatives in other cities across the state.