Attorney General Ken Paxton Sues the City of Dallas for Ballot Measure Prohibiting Police from Enforcing Marijuana-Related Offenses
Attorney General Ken Paxton sued the City of Dallas and local officials for adopting a city charter amendment that would illegally decriminalize marijuana-related offenses and prohibit police from enforcing Texas law.
Earlier this month, the City of Dallas adopted Proposition R, which “prohibits the Dallas Police Department from making arrests or issuing citations for marijuana possession or considering the odor of marijuana as probable cause for search or seizure.” However, municipalities cannot refuse to enforce Texas drug laws concerning possession and distribution of marijuana—an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences. Texas Local Government Code forbids any political subdivision from adopting “a policy under which the entity will not fully enforce laws relating to drugs.” Further, the Texas Constitution makes it unlawful for municipalities to adopt ordinances that are inconsistent with the laws enacted by the Texas Legislature (Article XI, Section 5).
Attorney General Paxton said, “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.”
Attorney General Paxton has taken numerous actions to ensure that cities and political subdivisions follow the law and enforce prohibitions against illicit narcotics. In January 2024, he sued five cities for adopting illegal marijuana decriminalization policies that promote crime, drug abuse, and violence.
To read the filing, click here.
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Texas Attorney General Ken Paxton this week filed a lawsuit against the city of Dallas over the city’s new, voter-backed cannabis decriminalization policy.
The reforms in Dallas make low-level cannabis possession the “lowest enforcement priority” for local law enforcement, effectively decriminalizing cannabis possession within the city limits up to four ounces. Two-thirds of state voters supported the proposal.
“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.” — AG Paxton, in a press release
Thursday’s filing marks the second time Paxton has sought to overturn locally approved cannabis reforms. Previously, the attorney general’s office filed a lawsuit against the cities of Austin, Denton, Elgin, Killeen, and San Marcos after the municipalities adopted voter-backed cannabis decriminalization policies — but a judge dismissed the suit in June, saying the attorney general had no legal justification for the complaint.
Two other Texas cities voted alongside Dallas this year to decriminalize low-level cannabis possession: Bastrop and Lockheart, which both passed the reforms with more than two-thirds voter support.
