It’s the least surprising event that will likely happen today in the Lone Star State: Texas Attorney Gen. Ken Paxton has sued the city of Dallas after passage of the ballot measure decriminalizing small amounts of marijuana.
Proposition R, added to the Nov. 5 ballot via petition, was a proposed city charter amendment that would prohibit Dallas police from arresting people found with less than 4 ounces of marijuana and would prevent officers from using the smell of marijuana as probable cause for any searches or seizures.
Given that Paxton has filed suit against a number of other Texas cities, including Denton, Austin and Killeen for passing similar measures, Thursday’s announcement was all but guaranteed.
According to a news release, Paxton said, “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.”
Earlier this week, Dallas City Council voted on a motion to add a clause to the new law that would keep it from taking effect until Texas legalized recreational marijuana, something that has never been even a remote possibility. Council Member Cara Mendelsohn pushed for the motion, which was overwhelmingly rejected by the 15-person council, in part because of the litigation she predicted was soon to come from the AG’s office.
Regardless, the city council certified the results of the Nov. 5 election. Shortly thereafter, interim Dallas Police Chief Michael Igo issued a memo to all Dallas officers that enforcement of laws against marijuana possession of 2 ounces or more is “obsolete.”
So far, Paxton’s suits have largely failed to prevent any city from enforcing the voter-approved laws for small amounts of marijuana possession.
You can view the whole article at this link Finally, Ken Paxton Sues Dallas Over New Marijuana Law
