Denton group supporting decriminalization of marijuana asks court to dismiss AG’s lawsuit
The group Decriminalize Denton is taking legal action to intervene in a lawsuit that Attorney Ken Paxton filed last week against Denton and four other cities that have ordinances decriminalizing low levels of marijuana use.
Decriminalize Denton announced Monday that it filed a petition seeking dismissal of Paxton’s lawsuit on the grounds that it has no legal standing.
According to court documents, the city manager and police chief “refused to implement the ordinance, and Paxton can’t prove that the state was harmed.”
Deb Armintor, a former city council member and one of the founders of Decriminalize Denton, said Paxton’s lawsuit was filed to shift scrutiny from his legal troubles.
“This was a democratically decided ordinance,” she said.
On Wednesday, Paxton announced that he is suing Denton and four other Texas cities that passed ordinances in 2022 decriminalizing marijuana use of less than four ounces. Paxton said the cities of Denton, Elgin, Killeen, Austin and San Marcos are violating state law and the Texas constitution.
Paxton also said the local government code prevents political subdivisions from adopting policies relating to drugs that they will not fully enforce .
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said in the news release.
But Armintor said the ordinance was written to comply with state laws.
She said the ordinance has limitations. For example a person can be prosecuted if they’re caught in a school zone with marijuana.
“Home rule cities absolutely have the power to determine prioritization and enforcement,” she said.
Denton officials said in an email that the city doesn’t comment on pending litigation.
Ground Game Texas spearheaded the marijuana decriminalization initiatives in the five cities.
Austin voters supported the ordinance with 82% approval, followed by San Marcos with 83%, Elgin with 75%, Denton with 71% and Killeen with 70%.
Although Denton voters supported the decriminalization ordinance, the City Council voted 4-3 in June not to implement the ordinance because it contradicts state law.
According to the Denton Record Chronicle, police are still issuing citations.