Ken Paxton sues Dallas over voter-approved amendment to decriminalize marijuana
DALLAS - Texas Attorney General Ken Paxton has sued the City of Dallas after it adopted a voter-approved charter amendment that decriminalizes possessing less than 4 ounces of marijuana.
About 67 percent of Dallas voters approved Proposition R in the November election.
The amendment prohibits Dallas Police from making arrests or issuing citations for possession of up to 4 ounces marijuana. It also blocks the smell of marijuana from being used as probable cause for search or seizure and prohibits the use of city resources for THC tests, except as a part of a violent felony or felony narcotics investigation.
Dallas votes to decriminalize 4 oz. of marijuana
Proposition R amends the city charter to decriminalize the drug, making it the lowest enforcement priority for the Dallas Police Department.
The City of Dallas directed the city to comply with the amendment earlier this week.
Recreational marijuana is still illegal in Texas.
Paxton's lawsuit says that municipalities cannot refuse to enforce Texas drug laws.
"Cities cannot pick and choose which State laws they follow. 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, and any city that tries to constrain police in this fashion will be met swiftly with a lawsuit by my office." wrote Paxton in a statement.
The lawsuit is far from a surprise.
In January 2024, Paxton sued cities who passed similar measures, including Denton, Austin, San Marcos, Killeen and Elgin.
Judges overturned Paxton's lawsuits against Austin and San Marcos.
The lawsuit against the city names Dallas Mayor Eric Johnson, city council members, interim city manager Kimberly Tolbert and interim police chief Michael Igo.
On Tuesday, Dallas City Council member Cara Mendelsohn proposed adding a clause to the amendment stating that Proposition R would not be enforced unless the state legalized marijuana. Council members voted against it.
"This is such a waste of your tax dollars. 4oz of marijuana is illegal in TX & USA. Now [Ken Paxton] will have to waste his time suing [The City of Dallas] and the city will waste tax dollars defending a losing case. We've put ourselves & the [Dallas Police Department] in a terrible position to violate our oath of office to uphold the law," Mendelsohn wrote in a social media post.
Paxton's office is requesting a trial to issue a permanent injunction to stop the city from implementing Proposition R.