Attorney General Ken Paxton has sued the City of Dallas over its recent decision to decriminalize cannabis, joining at least five other Texas cities facing similar court battles.
The lawsuit, filed just weeks after 67% of Dallas voters approved Proposition R, also known as the “Dallas Freedom Act,” challenges the city’s move to amend its charter and prevent police from arresting or citing individuals for possessing up to four ounces of cannabis, except in cases involving felony investigations tied to violence or narcotics.
The measure would also prohibit officers from using the smell of cannabis as probable cause for searches or seizures and restrict city funds and resources from being used to test cannabis-related substances to determine if they meet the legal definition of cannabis.
Prior to the vote, Dallas had been one of the largest U.S. cities that has not decriminalized cannabis possession.
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Why did Paxton sue the City of Dallas?
Paxton’s lawsuit argues that the decriminalization is unconstitutional, as the state of Texas enforces harsher penalties for cannabis possession. THC is classified under Penalty Group 2 of the Texas Controlled Substances Act, and the possession and distribution of cannabis are criminal offenses under Sections 81.120 and 481.121.
“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.”
While recreational cannabis use is prohibited by the state, Texas established a medical marijuana program through the Compassionate Use Program (CUP) in 2015.
Recreational cannabis use has been legalized in 24 U.S. states, while 38 states allow it for medical use.
What other cities has Paxton sued over recreational cannabis?
Paxton’s lawsuit against the City of Dallas is the latest in a series of legal actions he has taken against Texas cities over cannabis policies. Austin, San Marcos, Killeen, Elgin, and Denton are also facing similar court battles, all filed earlier this year..
“This [decriminalization of cannabis] 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,” Paxton stated.
Fox News reports Catina Voellinger, executive director for Ground Game Texas, has responded to the filing.
“It’s unfortunate but not surprising that Attorney General Ken Paxton has apparently chosen to waste everyone’s time and money by filing yet another baseless lawsuit against marijuana decriminalization,” said Catina Voellinger, executive director for Ground Game Texas.
H/T: www.statesman.com
