Texas Attorney General Ken Paxton sues Dallas after voters elect to decriminalize pot
Texas Attorney General Ken Paxton is suing the city of Dallas and city officials after voters approved a marijuana decriminalization proposition in the Nov. 5 election.
The ballot measure, which passed with the support of more than 65% of the city’s voters, updates the city charter to generally prohibit Dallas police officers from making arrests or issuing citations for possessing up to 4 ounces of marijuana. There are exceptions for arrests as part of certain felony investigations.
It also makes enforcement of Class A and B misdemeanor marijuana possession the police officer’s lowest priority and, with some exceptions, bars the city from using its resources for THC testing, according to a Nov. 19 news release from the city of Dallas.
Paxton on Thursday, Nov. 21 announced the state’s lawsuit against Dallas. It follows the attorney general’s lawsuits against Austin, San Marcos, Killeen, Elgin and Denton for similar policies.
The state argues that cities cannot pass charters that conflict with Texas law.
“Cities cannot 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 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.”
In a statement, the Dallas city attorney’s office confirmed that the city is aware of the lawsuit and will respond “at the appropriate time.”
The measure was added to the Nov. 5 ballot through a petition initiative led by Ground Game Texas, a progressive advocacy group.
In a Nov. 19 statement, Interim City Manager Kimberly Bizor Tolbert said the City Council has directed the city of Dallas to comply with the changes approved by voters.
“The Dallas Freedom Act was adopted by a majority of the voters, and the City Council has directed that the city comply with the amendment’s provisions,” Bizor Tolbert said. “The Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety.”
This story was originally published November 21, 2024 at 2:39 PM.
