Texas Attorney General Ken Paxton sues Dallas for decriminalizing marijuana

Ken Paxton, Texas attorney general, sued the city of Dallas following a referendum to legalize the consumption of small amounts of marijuana. The measure was approved by 67% of voters in the Nov. 5 election.

"Cities cannot pick and choose which State laws they follow," Paxton asserted after filing the lawsuit Thursday. Specifically, his office detailed that both the Local Government Code and the Texas Constitution prohibit political subdivisions from adopting rules contrary to state ones.

The Republican prosecutor described the measure as a "backdoor" attempt to breach the constitution, and assured that "any city that tries to constrain police in this fashion will be met swiftly with a lawsuit" by his office.

Proposition R amends the city charter to prohibit law enforcement from arresting people for possessing less than 4 ounces of marijuana. It also prevents them from using the odor of cannabis as cause for a seizure or search.

This is not the first time Paxton has taken legal action against Texas cities for similar measures. He previously did so with San Marcos, Austin, Killeen, Elgin and Denton.

"Ken Paxton is big mad because Texans voted for change," contended Ground Game Texas, a pro-marijuana organization that launched the proposition in Austin and campaigned in other cities. "Instead of respecting the will of Texans, the AG is wasting public resources fighting what people want."

Ground Game Texas also recalled that "two courts have already found his claims lack merit," referencing the San Marcos and Austin cases. "As it stands, decriminalization is legal in Dallas."

However, the outcomes in Elgin and Denton were different. In the former, the parties settled in court. In the latter, the city manager herself, Sara Hensley, halted enforcement of the rule on the grounds that it contradicted state law.

Access the full lawsuit