Texas Attorney General Ken Paxton announced a lawsuit Thursday targeting the green city of Dallas over a ballot measure legalizing marijuana.
Paxton says Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for possession of marijuana or considering the odor of marijuana as grounds for a search or seizure,” violates state law.
The attorney general argues in the lawsuit that the ballot measure is limited by Texas law, which makes it a crime to possess and distribute marijuana. Paxton also says the Texas Constitution prohibits municipalities from implementing ordinances that conflict with laws passed by the state legislature.
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Texas Attorney General Ken Paxton speaks outside the US Supreme Court on November 01, 2021 in Washington, DC. (Drew Anger/Getty Images)
“Cities don’t get to pick and choose which state laws they follow,” Paxton said in a statement. “The city of Dallas has no authority to override Texas drug laws or prohibit police from enforcing them.”
Paxton called the vote a “backhanded attempt to violate the Texas Constitution” and threatened to sue any other city that “tries to coerce the police in this way.”
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Marijuana flower. (AP Photo/Sakchai Lalit, File)
The case comes after Dallas Police Department Chief Michael Igo ordered Dallas police not to enforce marijuana laws on those found in possession of less than 4 ounces.
Ground Game Texas, a progressive nonprofit group that campaigned in favor of the ballot measure, said it would help “keep people out of prison for possession of marijuana,” “reduce racist policing” and “save millions in public funds.”
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A mature marijuana plant begins to bloom under artificial lights at Loving Kindness Farms in Gardena, Calif., May 20, 2019. Paxton is suing the city of Dallas over a ballot measure that prohibits the possession of small amounts of marijuana. (AP Photo/Richard Vogel)
“It’s sad but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless case against marijuana law,” said Catina Voellinger, executive director of Ground Game Texas.
“Judges in Travis and Hays counties have already dismissed similar lawsuits filed there. 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 lawsuits against five Texas cities decriminalizing marijuana, saying the policies encourage crime, drug abuse and violence.
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