Ken Paxton sues Dallas over voter-approved amendment to decriminalize marijuana
DALLAS - Texas Attorney General Ken Paxton has sued the city of Dallas after it adopted a voter-approved charter amendment that decriminalizes possessing less than 4 ounces of marijuana.
About 67% of Dallas voters approved Proposition R in the November election.
At least one councilmember expressed concerns that the city woud be sued as recreational marijuana is still illegal in Texas.
The city of Dallas directed the Dallas Police Department to comply with the amendment earlier this week.
In a memo sent to Dallas police officers, the interim police chief said in part, "Effective immediately, Dallas police officers will not enforce possession of marijuana, four ounces or less, or consider the odor of marijuana as probable cause for search and seizure, except as a part of a violent felony or felony narcotics arrest."
Recreational marijuana is still illegal in Texas. Paxton's lawsuit says that municipalities cannot refuse to enforce Texas drug laws.
"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," the attorney general said. "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."
The lawsuit is far from a surprise.
Dallas votes to decriminalize 4 oz. of marijuana
Proposition R amends the city charter to decriminalize the drug, making it the lowest enforcement priority for the Dallas Police Department.
In January 2024, Paxton sued cities that passed similar measures, including Denton, Austin, San Marcos, Killeen and Elgin.
Judges overturned Paxton's lawsuits against Austin and San Marcos.
David Coal" is a constitutional law attorney who has reviewed the legal filing.
"Mr. Paxton says that's a step too far and the city's trying to turn itself into a state legislature," he said.
The lawsuit against the city names Dallas Mayor Eric Johnson, city council members, interim city manager Kimberly Tolbert and interim Dallas Police Chief Michael Igo.
"In the case of the Dallas city charter, it's less about whether or not drugs are bad and more about what it's costing the city to go after these low-level offenders and whether or not the differential enforcement that that can result, the differential impacts that can happen in communities are worth it," said Timothy Bray with UT Dallas.
On Tuesday, Dallas City Council member Cara Mendelsohn proposed adding a clause to the amendment stating that Proposition R would not be enforced unless the state legalized marijuana. Council members voted against it.
Featured
Dallas City Council repeals police staffing standard to avoid lawsuit
The Dallas City Council made a change to a 36-year-old city ordinance that set a police staffing standard in an effort to prevent a lawsuit.
"This is such a waste of your tax dollars. 4oz of marijuana is illegal in TX & USA. Now [Ken Paxton] will have to waste his time suing [The City of Dallas] and the city will waste tax dollars defending a losing case. We've put ourselves & the [Dallas Police Department] in a terrible position to violate our oath of office to uphold the law," Mendelsohn wrote in a social media post.
Paxton's office is requesting a trial to issue a permanent injunction to stop the city from implementing Proposition R.
A city spokesperson told FOX 4 that they are aware of the lawsuit and will respond to the lawsuit "at the appropriate time."