Sat Nov 23 16:40:00 UTC 2024: **Texas Attorney General Sues Dallas Over Marijuana Decriminalization**
DALLAS, TX – Texas Attorney General Ken Paxton has filed a lawsuit against the city of Dallas, challenging a voter-approved measure that decriminalizes possession of less than four ounces of marijuana. The lawsuit, filed [Date], argues that the city’s action violates state law, which prohibits recreational marijuana.
Proposition R, passed by 67% of Dallas voters in November, directs the Dallas Police Department to make enforcement of small-amount marijuana possession the lowest priority. Following the amendment’s passage, the city instructed police to cease arrests for possessing four ounces or less, unless connected to a violent felony or narcotics trafficking.
Paxton contends that Dallas lacks the authority to disregard state drug laws, calling the city’s actions a “backdoor attempt to violate the Texas Constitution.” This is not the first such lawsuit filed by Paxton; he has previously sued other Texas cities that have implemented similar decriminalization measures, with mixed results. Judges previously overturned lawsuits against Austin and San Marcos.
The lawsuit names Dallas Mayor Eric Johnson, city council members, the interim city manager, and the interim police chief as defendants. The Attorney General’s office is seeking a permanent injunction to block the enforcement of Proposition R.
Dallas city officials say they are aware of the lawsuit and will respond in due course. The legal challenge highlights the ongoing conflict between local efforts to decriminalize marijuana and state laws that maintain its illegality. The case is expected to involve significant legal wrangling and potentially substantial costs for both the city and the state. Councilmember Cara Mendelsohn criticized the city’s actions, predicting a costly and ultimately unsuccessful legal battle. Legal experts point out the case raises questions about the balance of power between state and local governments on law enforcement.
First Piper 