State AG Sues City Over Voter-Approved Measure

Texas Attorney General Ken Paxton sues Dallas over voter-approved marijuana decriminalization measure, citing state law violations.

At a Glance

Dallas voters approved Proposition R, decriminalizing marijuana possession up to 4 ounces.
The measure prohibits arrests, citations, and use of marijuana odor as probable cause.
AG Ken Paxton sued Dallas, claiming the measure violates Texas law and the state constitution.
Similar lawsuits have been filed against other Texas cities with comparable measures.
The lawsuit challenges cities’ authority to override state drug enforcement laws.

Voters Approve Marijuana Decriminalization in Dallas

A recent ballot measure in Dallas has sparked a legal battle between the city and the state of Texas. On May 6, 2023, Dallas voters overwhelmingly approved Proposition R, with 66.82% voting in favor of amending the city charter to deprioritize marijuana enforcement. The measure effectively decriminalizes possession of small amounts of marijuana within city limits.

The proposition updates the Dallas city charter to prohibit arrests or citations for possessing up to 4 ounces of marijuana, with exceptions for certain felony investigations. It also restricts police from using marijuana odor as probable cause for searches and bans the use of city funds for THC testing, except in limited circumstances.

Texas Attorney General Challenges Dallas Measure

In response to the voter-approved measure, Texas Attorney General Ken Paxton has filed a lawsuit against the city of Dallas. Paxton argues that the proposition violates state law and the Texas Constitution, which mandates municipalities to enforce state drug laws. The lawsuit claims that cities cannot pass charters conflicting with Texas law and asserts that Dallas cannot override state drug regulations.

“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.” – Ken Paxton

Paxton’s legal action against Dallas follows similar lawsuits filed against other Texas cities, including Austin, San Marcos, Killeen, Elgin, and Denton, which have adopted comparable marijuana decriminalization measures. The Attorney General’s office emphasizes that Texas law requires municipalities to enforce state drug laws, including those related to marijuana possession and distribution.

Attorney General Ken Paxton Sues the City of Dallas for Ballot Measure Prohibiting Police from Enforcing Marijuana-Related Offenses: https://t.co/BVNsb5kF3j

— Texas Attorney General (@TXAG) November 21, 2024

Dallas City’s Response and Implementation Plans

Despite the legal challenge, Dallas city officials are moving forward with implementing the voter-approved changes. Interim City Manager Kimberly Bizor Tolbert stated that the City Council has directed compliance with the new policy, and the Dallas Police Department is prepared to implement the changes while maintaining its commitment to public safety.

“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. The Dallas Police Department is prepared to implement these changes while maintaining its commitment to public safety.” – Kimberly Bizor Tolbert

The Dallas city attorney’s office has acknowledged the lawsuit and plans to respond appropriately. Meanwhile, the interim police chief has issued a directive to comply with the new policy following the City Council’s certification of the election results.

Implications and Ongoing Debate

The conflict between local voters’ desires and state law enforcement priorities highlights the ongoing debate surrounding marijuana decriminalization in Texas. Supporters of the measure, including the progressive advocacy group Ground Game Texas, argue that it aims to reduce racially biased policing and save public funds.

However, opponents, including Attorney General Paxton, contend that such measures undermine the rule of law and could lead to increased crime. The lawsuit against Dallas serves as a test case for the limits of local authority in drug enforcement policies and may have far-reaching implications for other Texas cities considering similar measures.

As the legal battle unfolds, Dallas residents and law enforcement officials find themselves caught between conflicting directives from local voters and state authorities. The outcome of this case could significantly impact the future of marijuana enforcement policies across Texas and potentially influence similar debates in other states grappling with the tension between local and state drug laws.